Francisco J Rodriguez’s Answers

Francisco J Rodriguez

Oakland DUI / DWI Attorney.

Contributor Level 9
  1. How can I defend a traffic camera issued ticket for running a red light in Lynnwood, WA

    Answered over 5 years ago.

    1. Francisco J Rodriguez
    2. Schoen R Parnell
    3. Alan James Brinkmeier
    4. Jon Michael Zimmerman
    4 lawyer answers

    Set the case for trial. Request extensive discovery on the contracts between the city and the private vendor who maintains the system. If they deny the info serve a subpoena on them for the docs. Study all hearsay objections. The essence of hearsay is that it's not reliable unless some exception applies. However, even if one may apply you may overcome the presumed reliability by showing a pecuniary interest by the private vendor. The entire prosecution is based on hearsay.....

    2 lawyers agreed with this answer

    21 people marked this answer as helpful

  2. Dui DMV hearing

    Answered almost 3 years ago.

    1. Francisco J Rodriguez
    2. Andrew Stephen Roberts
    3. Kevin Samuel Sullivan
    4. John Joseph VanDervoort
    4 lawyer answers

    If this is your first DUI and you lost your APS hearing, you will be eligible for a restriction after the 30 day hard suspension. You have already enrolled in the DUI class, got your SR-22, now you must simply go to the DMV and show proof along with a reinstatement fee of $125.00 and they will issue you a restriction. The restriction will allow you to drive to and from work, to and from the class and during employment if you drive for a living. Feel free to call me if you have further...

    5 lawyers agreed with this answer

  3. I was detained for a DUI and it was dismissed entirelyWwhy does DMV still show that I have a DUI on my driving record?

    Answered almost 5 years ago.

    1. Francisco J Rodriguez
    2. Amy Treanor Morell
    3. Robert Lee Hamilton
    4. Carlos Gonzalez
    4 lawyer answers

    The first thing that you want to do is order a copy of your DMV record. I think that you will find that a conviction will not be on the record. What will be on the record however is a suspension for a DUI that is based on the arrest for the DUI. This will be the case unless you requested and won your hearing.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Is a wet and reckless considered a crime or a criminal offense? I thought it was a misdemeanor and not a felony.

    Answered over 5 years ago.

    1. Francisco J Rodriguez
    2. Amy Treanor Morell
    3. John M. Kaman
    4. George Fredrick Mueller
    4 lawyer answers

    A wet and reckless is considered a crime. Anytime you are in criminal/traffic court, you can almost rest assured that you are facing a criminal case for a criminal offense.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Received ticket for not wearing seat belt in Berkeley CA.

    Answered over 6 years ago.

    1. Joshua Matthew Dale
    2. Francisco J Rodriguez
    2 lawyer answers

    You should first file a request for a trial by written declaration. Do not give any statement about you but attack the anticipated testimony of the cop. If you lose request a trial de novo. Once you do that send a very creative informal request for discovery (lenghty). When they fail to comply ask for dismissal based on right to a fair trial. Remember a seat belt citation (most, like yours do not carry a point) Good luck to you.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Paying a speeding ticket

    Answered almost 3 years ago.

    1. Andrew Stephen Roberts
    2. Francisco J Rodriguez
    3. David Vyborny
    3 lawyer answers

    1) Yes go to Court and the Court will issue most requests for extensions. Don't push your luck however. 2) Most are. 3) Look on-line for best and least expensive. 4) No. 5) Check with the Court website for that answer. The form is usually not needed, but with any communication to the Court, you should always include your docket #.

    1 lawyer agreed with this answer

  7. Got third dui 2008, do I have to have interlock device to get licsense

    Answered almost 3 years ago.

    1. John M. Kaman
    2. Francisco J Rodriguez
    3. Adam Laurence Pearlman
    3 lawyer answers

    I would, if you want your license back after 90 days. Otherwise you will have to wait a year or longer. Call me for questions (415) 378-4133

    1 lawyer agreed with this answer

  8. Do I need a lawyer to represent me for the arraignment in traffic court?

    Answered over 4 years ago.

    1. Gabriel Eric Dorman
    2. Francisco J Rodriguez
    3. Theodore W. Robinson
    3 lawyer answers

    You do not want to fail to appear, if you do they will suspend your license and in some counties they will convict you on the citation alone. A driving on a suspended license carries two points on your CDL record. It is also a potential misdemeanor and it is a priorable offense. Do not simply pay or plead guilty, for this one you will need an attorney. Two points will stay on your record for SEVEN years. Ouch..... If you are in need of assitance in any traffic matter please do no...

    2 people marked this answer as helpful

  9. DUI criminal dismissed

    Answered over 4 years ago.

    1. Francisco J Rodriguez
    2. Joshua Gramling Stein
    3. William Carlos Makler
    4. John Lawrence Buckley
    4 lawyer answers

    If the case was dismissed there is no conviction, so no there should not be a conviction on your record. There will be a record of arrest, but it is only available to law enforcement and the Courts. There may be a record of suspension based on the arrest with the DMV. This will depend on the outcome of the DMV hearing, if one was requested. If you are in need of further assistance please feel free to call me directly at (415) 378-4133, or visit us at www.CaliforniaLegalDefense.com

    1 lawyer agreed with this answer

  10. Traffic violation: turn signal

    Answered almost 5 years ago.

    1. John M. Kaman
    2. Francisco J Rodriguez
    2 lawyer answers

    A cop who is there for the purpose of traffic enforcement should always be in a marked unit AND in full uniform. See Vehicle Code section 40800 et sec. If he was a traffic cop then your case should be dismissed. The legislature has spoken very clearly about how they want traffic enforcement to take place, and they do not want cops hiding behind billboards. We really would need more facts to properly asses the case, but this is a good starting point. If you have been cited for any type of...

    1 lawyer agreed with this answer