Michael Phillip Thorman's Answers

I had a hard fall at a store on the 13th, they have not called me to send me to a dr. I don't have health ins.

All commercial businesses carry a Commericial General Liability policy that includes some amount of money for medical payments. Like a med pay provision of an auto policy, it pays up to policy limits (frequently at least $5,000) for medical payments incurred as a result of an injury at their facility, REGARDLESS OF FAULT. I assume your fall was documented at the time it occurred. Call the store manager, tell him/her you need medical attention and want it paid for from the med pay provision of...

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Is the California DMV law regarding 2nd time DUI convictions specific to CA, or is it 2 convictions anywhere in the US?

California DMV can use a prior DUI conviction anywhere in the country to enhance the license suspension period in California, SO LONG AS the elements of the out-of-state conviction for the DUI are the same as they are in California. I believe Colorado has a DUI provision that makes it a DUI to be under the influence while in the driver's seat, even if the car is not moving. California requires some movement of the vehicle. Thus, it is possible that your Colorado prior can't be used against you...

What is the longest sentance for incompetent to stand trial a felony charge that was not part of the act for amisdemeaner dui?

Your question is confusing but I'll try to answer what I think you're asking. Under California law, a DUI can be charged as a felony if the defendant had three DUI convictions within 10 years of the new offense. The fact that the new DUI, without priors, would be a misdemeanor is irrelevant. Prior convictions can elevate a misdemeanor to a felony. When the DUI "tail" increased from 7 to 10 years, there were constitutional challenges brought on behalf of people who got new DUIs who were...

How do I qualify for plea of abeyance?

There is no such thing as a plea in abeyance, and I can't think of what you might be referring to. Petty theft in California is a misdemeanor (unless you have prior theft convictions) but petty theft of under $50 can be treated as an infraction. An infraction has a maximum possible sentence of a $250 fine; no jail, no probation. It is not treated as a criminal conviction.