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Daniel Hari Vaswani

Daniel Vaswani’s Answers

8 total

  • Got a DUI April 2012. Blood limit .11. - 5 years prob & suspended license. Got 2nd DUI (.08) May of this year.

    2nd DUI occured at a check point in downtown San Diego where I blew a .08 which is the legal limit but i was driving on a suspended license and on probation. What should I do? What are my possible consquences? Is it worth getting a lawyer or using...

    Daniel’s Answer

    You should contact a lawyer that will be willing to fight the case diligently. Be careful who you choose and make sure you do a little research, because you may have a number of defenses and there are also some additional more complicated legal issues since this is your 2nd DUI.

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  • Charged with a DUI in Alameda County and have not been convicted for first DUI in Contra Costa County...

    I was charged with a DUI in Contra Costa County last October and I still haven't appear in court yet. Apparently there is a huge backlog in Contra Costa courts. Last night I received another DUI in Pleasanton (Alameda County). Will I be charged fo...

    Daniel’s Answer

    Both DUIs are considered your firsts because you have not yet been convicted of a DUI (as noted, even if you plead to a Wet Reckless, it still counts as a DUI) . However, as noted by my colleagues, it is odd that your DUI from Contra Costa County has not yet been arraigned. As my colleagues have indicated, you should get a lawyer to handle the cases.

    Also, if your first DUI was a simply a DUI, meaning no hit and run, no DUI with injury, and no other aggravating factors, the DUI will likely be charged as a misdemeanor. There are certain statute of limitation, due process, and speedy trial issues if the case is not dealt with within one year after your arrest date.

    Did you retain a lawyer for your Contra Costa DUI and did they or you contact the DMV and conduct the administrative hearing to stay your license suspension?

    If you have any further questions, feel free to contact me.

    Daniel H. Vaswani
    Criminal/DUI Defense Attorney
    Red Metric, APC (www.RedMetric.com)
    P: +1.415.857.1733
    E: Daniel.Vaswani@RedMetric.com

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  • Received a 2 dui

    then after 2nd dui lp?

    Daniel’s Answer

    Generally, a second DUI within ten years of your first, is treated very severely in California.

    As you likely know from you first DUI, a DUI is essentially two cases in one -- the administrative DMV case and the criminal case brought by the State. In order to effectively manage those two proceedings, you should contact a qualified DUI defense lawyer in your area.

    If you have any additional questions, please feel free to contact me.

    Daniel Vaswani
    Red Metric, APC
    www.RedMetric.com

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  • Can I seal 2010 DUI case in Redwood City, CA?

    I had filled forms CR 180-181 last month and the petition was granted. Case was dismissed. Now I've found out that my name still appears in the website and accessible to public. I have called the court several times, asking if I can seal the rec...

    Daniel’s Answer

    As my colleagues have indicated, there is no true way to seal your records for convictions as an adult. As mentioned above, your records can only be sealed if you have juvenile convictions through delinquency courts (delinquency proceedings are generally confidential). However, as an adult, no such parallel exists, except for through a Petition of Innocence.

    Nonetheless, expungement, as noted is still an option. However, that may not get you the desired outcome that you were misled to believe.

    If you have any further questions, feel free to contact me.

    Daniel H. Vaswani
    Criminal/DUI Defense Attorney
    Red Metric, APC (www.RedMetric.com)
    P: +1.415.857.1733
    E: Daniel.Vaswani@RedMetric.com

    See question 
  • If the DA is unwilling to drop one of the two DUI charges (23152(a) and (b)), can I request a reduction from the judge?

    Would character letters help reduce the DUI penalties or reduce the charges? I blew a 0.14 BAC and was speeding. Did not hurt anyone or damage property. This case will take place in Westminster Superior Court.

    Daniel’s Answer

    Generally, in order to convict someone for DUI, the District Attorney need only prove either the "A-Count" or the "B-Count" of the DUI statute. In most cases, the District Attorney has the luxury of pleading both counts and attempting to get a conviction on either count. As noted by my colleagues, the punishments are the same for being convicted of the A-Count alone, the B-Count alone, or both the A-Count and B-Count. As a result, dropping one of the charges will not likely have an affect on your case.

    Generally, during the plea bargaining conversation, your lawyer will argue both the charges and the sentence, and in some cases, letters from people attesting your good character can be helpful. Nonetheless, you should contact a qualified lawyer in your jurisdiction to fight your DUI charges.

    Please note that DUIs are complex cases and there are various procedural steps that cops must systematically address when stopping you, detaining you, and ultimately arresting you. Often, the cops make mistakes which can taint evidence or lead to an unlawful arrest.

    Either way, you should contact qualified counsel to assist you in working through the possible defenses to your case.

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  • Will my case be dismissed or all evidence including tests, if i was not read Miranda Rights under the following circumstances?

    I was arrested for 148 PC-Obstructing a peace officer and transported to the Police station for booking. WITH OUT READING ME MIRANDA RIGHTS! At the station (according to the report) i was asked again if i had anything to drink that evening ...

    Daniel’s Answer

    Generally, the Miranda rule is meant to protect against self-incrimination and other rights. Evidence obtained in violation of Miranda (from an un-warned and in-custody interrogation) cannot be used against the defendant in a criminal proceeding. However, although this evidence cannot be used in the prosecution's case-in-chief, it may be used for impeachment purposes so long as the statements were only voluntarily made.

    As a result, even if a statement was taken in violation of Miranda and evidence against you was obtained thereafter, there are other implications and you should contact a local and qualified criminal defense lawyer to assist you.

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  • Is it possible to get my DUI arraignment court date extended? I have flight and hotel reservations and will be out of state.

    It's my first DUI. I've had the plans for 6 months.

    Daniel’s Answer

    I agree with my colleagues above, you should at least retain local counsel and have them appear for you.

    Generally, misdemeanors (generally how strait DUIs are charged), don't require the defendant's presence in Court. However, each judge has their own perspective on crimes in their Courts. As a result, you should contact local counsel to give you an opinion as to how the judge will view your lack of presence to determine if it will have an adverse effect on your case as a whole.

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  • What are the changes of a plea bargain to drop dui refusal case for 148 obstructing?

    According to the Police report, Initially I was arrested for 148 obstructing an officer and taken to the station for booking where they later booked me for DUI Refusal instead. The police report mentions i was initially arrested for 148 pc.

    Daniel’s Answer

    As mentioned by my colleagues, the 148 violation can sometimes be preserved in the police report for bargaining purposes, you should contact an attorney whom is generally familiar with the way the District Attorney charges DUIs and other criminal matters in your County.

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