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Kim C. Wollenberg Burgess's Answers
- 216 Legal Answers
- 2 Legal Guides
5
Attorney answers:
First DUI case - How or who determines the arraignment date?
When you were released from jail, you should have been given a white piece of paper which is the notice to appear. It will tell you the date, time and location for your arraignment. This is normally 30 days after your arrest. The District Attorney's office will get the police report and review it. If they think the evidence is enough to prosecute you, they will file charges. Unfortunately, in Oakland, they may or may not have the case ready to charge on the date on the notice to appear....
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4
Attorney answers:
What are the chances of getting my probation reduced in order to get my DUI expunged so I can go back to work.
You were probably placed on 3 years probation. Until you pay off the fine, the court in Hayward will not consider an early termination of your probation and expungment. You can go back to the court and ask the judge to convert the fine to volunteer work. "they usually will allow you to pay off a portion of the fine this way. Once the fine has been taken care of you can petition the court for an early termination and dismissal of your case. They want a good reason to do both. Need it...
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3
Attorney answers:
What paperwork are you required to receive after being released for a DUI?
Did they take your driver's license. They are supposed to give you a pink DMV Administrative Suspension and Revocation notice. You have 10 days to request a hearing from the DMV from the date of your arrest. This gives you the right to a hearing. this cannot be requested after the 10 days, absent a written form signed by the District Attorney's office. Do not go to your local DMV office as they will not give you correct information. You must call the Driver safety division. They should...
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3
Attorney answers:
Dispute a traffic violation ticket
In Fremont they will often agree to reduce right turn tickets to a different section with a lower fine. They should allow you to go to traffic school. These tickets can be successfully challenged and won. Some times they will agree to a municipal code violation which does not add points to your record and does not require you to go to traffic school. Although you can handle this yourself, a attorney can make a difference.
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3
Attorney answers:
I got an open container ticket
I always start with a trial by written declaration. If the judge finds you guilty, you have 20 days to request an in person trial ( trial de novo). I have found that 50% of the time the officer will not properly respond and the case is dismissed. For an open container case, one of the biggest questions I ask the officer is did he retain and have a sample of the substance in the container tested. Even smell alone is not enough to prove it contained alcohol. Alcohol does not smell, only...
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2
Attorney answers:
Does VC ยง40800 apply in speeding ticket by a police officer from another county, on freeway, and not in his county, nor on duty?
I agree that the first argument regarding 40800 will fail. If his exclusive duty is traffic enforcement, he must be in uniform and in marked vehicle. The corollary is not necessary. I think the objection concerning the pace evidence should be good. I have used is many times successfully. Good luck.
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3
Attorney answers:
I wos stopped at Ross for shoplifting 20$ merchand. involved.They wrote ticket to appeare in court(po
You should consult with an immigration attorney. I have had clients in similar positions to you who have been questioned concerning outstanding theft cases when dealing with immigration issues. Often they cannot resolve the issue while the case is not settled.
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3
Attorney answers:
I got a ticket for a unsafe lane change today.
From your description, it does sounds like you made an unsafe lane change. Using your signal is not a defense. If you go to court they cannot add another charge. The fine is set by the code. You may be able to get the judge to reduce it, but it will not go up. If you go to traffic school it will keep the point off your record.
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2
Attorney answers:
Moving violation ticket
You will not have to go to jail. Your license will be suspended because of the failure to pay. You will not be able to get your license back until it is paid in full. Call the court and find out how much you owe. You can then go and pay it and get the hold lifted. You will have to go to the DMV to restore your driving privilege. You may not even need to go see the judge.
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1
Attorney answers:
Why I get snapped? Will I get ticket? Bridge carpool lane
Unfortunately I cannot tell you why the light flashed. I have seen this happen without a ticket being issued. The photos are reviewed before citations are mailed out. If you receive a ticket in the mail be sure to review the video. I recommend that you fight the ticket. Take picutes of your children in their car seats as they were on that day to show the judge.
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