Kim C. Wollenberg Burgess’s Answers

Kim C. Wollenberg Burgess

Pleasanton Speeding / Traffic Ticket Lawyer.

Contributor Level 13
  1. First DUI case - How or who determines the arraignment date?

    Answered over 2 years ago.

    1. Andrew Stephen Roberts
    2. Kim C. Wollenberg Burgess
    3. Philip Daniel Hache
    4. David Jon Pullman
    5. Kevin Samuel Sullivan
    5 lawyer answers

    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....

    Selected as best answer

  2. What are the chances of getting my probation reduced in order to get my DUI expunged so I can go back to work.

    Answered over 2 years ago.

    1. Kim C. Wollenberg Burgess
    2. Robert Laurens Driessen
    3. David Jon Pullman
    4. Andrew Stephen Roberts
    4 lawyer answers

    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...

    Selected as best answer

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

    Answered 8 months ago.

    1. Andrew Stephen Roberts
    2. Greg Thomas Hill
    3. Kim C. Wollenberg Burgess
    4. Derek Anthony Patrin
    5. Kevin H. Pate
    5 lawyer answers

    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.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered almost 2 years ago.

    1. Andrew Stephen Roberts
    2. David Philip Shapiro
    3. Kim C. Wollenberg Burgess
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  5. What paperwork are you required to receive after being released for a DUI?

    Answered over 2 years ago.

    1. Chris J Feasel
    2. Kim C. Wollenberg Burgess
    3. Robert Laurens Driessen
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  6. Dispute a traffic violation ticket

    Answered about 4 years ago.

    1. Kim C. Wollenberg Burgess
    2. Andrew Stephen Roberts
    3. Michael Rutledge Norton
    3 lawyer answers

    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.

    Selected as best answer

  7. I got an open container ticket

    Answered over 4 years ago.

    1. Kim C. Wollenberg Burgess
    2. John M. Kaman
    3. Theodore W. Robinson
    3 lawyer answers

    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...

    Selected as best answer

  8. Does VC §40800 apply in speeding ticket by a police officer from another county, on freeway, and not in his county, nor on duty?

    Answered over 3 years ago.

    1. Kim C. Wollenberg Burgess
    2. Andrew Stephen Roberts
    2 lawyer answers

    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.

    Selected as best answer

  9. I wos stopped at Ross for shoplifting 20$ merchand. involved.They wrote ticket to appeare in court(po

    Answered over 3 years ago.

    1. Kim C. Wollenberg Burgess
    2. John M. Kaman
    3. Jason Chase Beahm
    3 lawyer answers

    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.

    Selected as best answer

  10. I got a ticket for a unsafe lane change today.

    Answered almost 4 years ago.

    1. Kim C. Wollenberg Burgess
    2. Ronald Daniel Hedding
    3. Trey Malbrough
    3 lawyer answers

    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.

    Selected as best answer