Peter D. King’s Answers

Peter D. King

Pleasanton Criminal Defense Attorney.

Contributor Level 9
  1. Do I need a lawyer?

    Answered over 1 year ago.

    1. Peter D. King
    2. Douglas Holbrook
    3. Michael Korry Bialys
    4. Kevin Samuel Sullivan
    4 lawyer answers

    To be convicted of DUI the prosection has to prove that you were: 1. Driving; and 2. Blood Alcohol Content of 0.08% or greater, or 3. Impaired by drugs or alcohol. In your situation, it seems like the prosecution could have a tough time proving the first element: that you were driving (let alone that you were under the influence). its difficult to say anything definitive without knowing the facts of your case, but I can tell you that you should contact a DUI attorney immediately to...

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  2. I got a DUI last Thanksgiving in California, I live in the bay area, I was under 21 so my DMV suspension is almost up.

    Answered 12 months ago.

    1. Peter D. King
    2. Andrew Stephen Roberts
    3. Matthew Murillo
    4. Michael Jon Fremont
    5. Rodney Thomas Gould
    6. ···
    7 lawyer answers

    It's unclear to me whether this is your first offense that has just dragged on forward year or you picked up a second count. The court will generally not suspend your drivers license as part of your sentence for a DUI. The will usually impose 6-9-18 month DUI school, force you to install an ignition interlock device, or perhaps wear a SCRAM bracelet to detect alcohol in your blood, but the courts will most likely leave the license suspension to the Administrative arm at DMV

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  3. What is the DUI Jury Mentality in San Diego? Pro-Police or Anti-Police or Impartial

    Answered about 2 years ago.

    1. Peter D. King
    2. Tai Christopher Bogan
    3. Sherry Chalor Cross
    4. Vikram Singh Monder
    5. Andrew Michael Limberg
    6. ···
    9 lawyer answers

    I can't speak for San Diego specifically, but I will say that the government, media, and special interest groups have done an amazing job of waging war on drinking and driving. And jurors are bound to have their perceptions skewed by the abundance of anti-DUI campaigns out there. That said, a skilled DUI attorney and can parse through that bias and the trial about the officers failure to conduct the FSTs correctly or your rising BAC level or whatever the theory of your case is. Bottom line:...

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  4. Can you plea bargain a wet reckless without a lawyer?

    Answered about 2 years ago.

    1. Mark K Rosenfeld
    2. Peter D. King
    3. Matthew Murillo
    4. Tai Christopher Bogan
    5. David Jon Pullman
    6. ···
    11 lawyer answers

    A wet reckless is not such a good deal. The DMV will still suspend your license, you will pay similar fines and fees, and it will still count as a prior offense if you get charged with another DUI in the next decade. Don't throw in the towel. There are numerous ways to attack DUI charges. It doesn't hurt to have an attorney look over your case. If you can't afford an attorney (and you don't know if you don't call one) the court will appoint one for you. Public defenders do good work.

    10 lawyers agreed with this answer

  5. Caught with petty theft, court date is next month. DA offers a diversion program. Should I take it? Is my criminal record clear?

    Answered about 2 years ago.

    1. Peter D. King
    2. Michael Raymond Daymude
    3. Stephanie Michelle Arrache
    3 lawyer answers

    That is mostly all true. If the DA is offering you diversion then your case will remain outside of the criminal court system and if you successfully complete the terms of yor diversion then he DA will drop the charges. That said, there will always be an arrest on your record and if you served any time in jail when arrested you will always have that detention on your record, but no deal will get rid of that. The only better option is to beat the charges against you and get acquitted or have the...

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  6. Can I sue the Bart Station for my car being vandalized twice in a two month period?

    Answered almost 2 years ago.

    1. Gayle Anne-Marie Gutekunst
    2. Antonio Arturo Cota
    3. Peter D. King
    4. Ricardo Antonio Perez
    4 lawyer answers

    Like my esteemed colleague said above, this is not a criminal law issue. However, I do know a little bit about premises liability. Look at the back of your parking receipt that you place in the windshield, there is probably a disclaimer that Bart is not responsible for losses due to damage or theft. There are also almost always signs posted stating the same disclaimer. Bottom line, you are a licensee when you purchase a license to park in the lot and a premises owner owes almost no duty to...

    6 lawyers agreed with this answer

  7. Illegal immigrant and DUI and now ICE hold, will he be deported?

    Answered almost 2 years ago.

    1. Maltaise E Cini
    2. Peter D. King
    3. Robert Laurens Driessen
    4. Erica Luque
    5. Heather Louise Garvock
    5 lawyer answers

    Your friend should contact an immigration attorney immediately. Most Criminal defense attorneys do not handle immigration issues.

    6 lawyers agreed with this answer

  8. Foreign citizen charged with VC 10851 - Unlawful taking of a Vehicle. Charged with felony while I was on vacation.

    Answered over 2 years ago.

    1. Peter D. King
    2. Joseph Briscoe Dane
    3. Andrew Stephen Roberts
    4. Jennifer Diem-Trang Le
    5. Maltaise E Cini
    5 lawyer answers

    The facts you provided are a bit ambiguous, but assuming that the moped was not yours and you did not have permission to ride it, then the charges are valid. It is within the DA's discretion to delay filing charges for up to a year for misdemeanors and longer for felonies. I assume the warrant is for failure to appear? You should get an attorney to appeon your behalf and explain the situation to the court. You appeared at your arraignment and since there were no charges against you, you...

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  9. Violated probation and served time but immigration putt hold how many days they have to pick up an inmate? What to do?

    Answered 12 months ago.

    1. John M. Kaman
    2. Peter D. King
    3. Greg Thomas Hill
    3 lawyer answers

    Your friend should contact an immigration attorney immediately. There are many qualified immigration attorneys here on AVVO. Try reposting your question under immigration category. That said, I agree with my colleague's answer: ICE has 2 days to pick up an inmate once they have been released from custody. So, your friend can be held for an additional 48 hours after his technical release date.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I got a petty theft chatgr have to go to court next week. If I'm already on probation for someththing else will I go to jail?

    Answered about 1 year ago.

    1. Philip Courtland Greenberg
    2. Thomas Francis McKenna
    3. Greg Thomas Hill
    4. Dan Eugene Chambers
    5. Peter D. King
    6. ···
    6 lawyer answers

    You could go to jail, but it's unlikely in my opinion. With two minor offenses like those they will probably just give you either the probation violation or the new charge, not both. If you do get jail time it won't be much and your attorney can probably arrange for you to do the work alternative program (SWAP) so you don't actually have to go behind bars. You definitely need an attorney though.

    5 lawyers agreed with this answer