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Kim C. Wollenberg Burgess

Kim Burgess’s Answers

225 total


  • What happens if I get rejected to serve my weekend jail time for arriving late? Alameda County Ca

    This is for my 3rd DUI

    Kim’s Answer

    Contact your attorney right away. If you got weekends and were late the judge may not let you do weekends and my require straight time. Depending on which judge you have in Fremont you may have a problem.

    Get the case added back on, apologize and have documentation to support your reason for being late. It you has successfully done other weekends you have a better chance of being forgiven and getting a second chance.

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  • Can I be charge with CVC 23153(a) VC “DUI causing injury,”, even if nobody was injured ?

    Can I be charge with CVC 23153(a) VC “DUI causing injury,”, even if nobody was injured ? As my understanding: the prosecutor must prove three facts (otherwise known as “elements of the crime”):2 - (1) you drove while under the influenc...

    Kim’s Answer

    The police often overcharge cases when they arrest someone. The DA makes the decision on what to charge after they review the evidence. From what you described you can be charged with23152a - drugs with a high speed enhancement. The DA in Contra Costa County is very aggressive in their DUI prosecutions. A lot will depend on what the analysis of your blood shows.
    Be aware that they may not have your case filed by the date they gave you on the notice. Be sure to get a verification if they do not have the case filed.

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  • In California, does a private parking lot that has public parking have to designate which spots are 'unauthorized' with signage

    I am an Army recruiter who's office is located on private property and we share a parking lot with a couple of restaurants. We have designated parking for our gov't vehicles but there are 'undesignated' spots in the parking lot. The gov't spots ...

    Kim’s Answer

    For the vehicle code to be enforcable on private property approprite signage is required. This is usually at the enterance to most Malls. It does not have to be at the specific spot. Did you get a citation for this or was your car merely towed? Be sure to take photos of the area and all signage. A private property owner may have a right to have a vehicle towed off his property. You may want to contact a civil attorney to look into a law suit against whoever had it towed. If your damages were within the small claims limits, you can file a small claims action.

    Good luck.

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  • Calif: cell phone ticket? Defense: if not held in hand?

    If you had your cell phone on speaker mode and on your lap or the dash of the car--excluded from CA cell phone traffic ticket laws?I f yes: Exact code?

    Kim’s Answer

    The vehicle code section you want to look at is 23123. it must be operated in a hands free mode. If the officer sees you holding or touching the phone it is not hands free.
    If you can operate it without the need to touch it you should be good. This is not a moving violation and will not add any points to your driving record.
    Good luck.

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  • DMV made an error on my record and posted 3 DUI

    In 199, I got a DUI in northern California, nine years later, I got another in Southern California along with a refusal do the breathalyzer or take a blood exam. I received a letter from the DMV in Van Nuys stating that my license was suspended f...

    Kim’s Answer

    the first thing you need to do is find out what they are reporting and when it isuposedly occurec. you can order a copy of your DMV history from the DMV's web site. you should then take steps to have your record corrected. you will probably need to hire an attorney in the area where the erroneous DUI happened.
    The DMV has immunity in some instances. If a court incorrectly notified them it may not even be their fault. additionally there are strict time limits and requirements about filing claims and law suits agains governmental agencies. You should speak to a lawyer who sues governmental agencie to be sure to protect any time limits. They would also be able to tell you if you have a case worth pursuing.
    goo

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  • Do speeding infractions automatically include a point on my license? How do I know if I received a point?

    I was going 10 mph over and I just received the courtesy notice in the mail. However, I am unsure if I even received a point.

    Kim’s Answer

    Once you are convicted of speeding you will get a point on your driving record. The point will remain there for 3 years.

    You can get a print out from the DMV, either in the office or on line.

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  • About a fare evasion caltrain citation

    what happened was, I bought the ticket and it had an expiration time on it. I usually take the bus, so I was told that as long as the ticket hadn't reached it's expiration time, I could use it. The conductor who was very rude asked me for the tic...

    Kim’s Answer

    You did not say where you have to go to court. Some judges will listen to explanations and reduce the ticket other will not.
    It sounds like you may need to plead not guilty and set the case for trial. The conductor will have to come to court. If he does not the case will be dismissed.
    Did she let you keep the ticket? This is important evidence. You can send a subpoena to Caltrain requesting all evidence.
    Good luck.

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  • Can a friend get a fix it ticket signed ?

    Ok so first off i have a friend that has an expired license that he cant renew because he donsent have a ssn he got the ticket back on may for having one of his lights burned out and now he has it fixed but he does not want to risk asking a cop a...

    Kim’s Answer

    Yes you should be able to get it signed off. Be sure to have the ticket with you so the officer can sign it on the back. It does not have to be the same officer or even the same police agency.

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  • Have an unpaid parking ticket, license will be suspended, cannot pay full amount with civil assessment fee. what are my options?

    I have a rolling stop ticket from maybe more than a year ago that I never paid for. Got a letter from DMV saying my license will be suspended on the 23rd if I do not pay the full amount of $590. What can I do to prevent my license from being suspe...

    Kim’s Answer

    Absolutely go to the court before the 23rd. Did you already plead guilty or not? If not you can still set the case for trial.

    I would guess that $300 of the fine is an assessment. This can be paid out over time. The remaining $290 if probably for the ticket. By paying the $290 the hold on your license will be lifted.

    Good luck.

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  • Speeding ticket in New Mexico, California Drivers License. Will points transfer?

    I'm asking this for my boyfriend. He got a speeding ticket in New Mexico for going 30 mph over the limit (95 mph to be exact) and he is wondering if the points will transfer to his CA DL and how it will transfer? Will that be considered reckles...

    Kim’s Answer

    Because of the interstate compact, California will find out about the conviction. Depending on how it transfers it can add points to your California driving record. Unless he has too many points in California, nothing will happen here.

    If you have 4 points in 1 year the DMV will consider you a negligent operator and can suspend your license, 6 points in 2 years or 8 points in 3 years.

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