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Bruce Steven Kapsack
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Bruce Kapsack’s Answers

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  • Received a DUI, blew into the breathalyzer at the station and was refused a lawyer

    I was recently arrested for a DUI. I was taken into the CHP station and blew into the breathlyzer 1800. I failed that test, then asked for a blood test. However I was unsure, so asked for my lawyer especially due to the fact the officer kept telli...

    Bruce’s Answer

    Ms. Berry-Jacoby's answer is mostly correct with one exception. There are Constitutional protections when blood is drawn, especially if it is a forced blood. Under Schmerber v California any blood test must meet certain requirements or they may be inadmissible in court.

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  • Can a lawyer get me a restricted license through court on a second offense? and can a lawyer help graveyard get work furlough?

    just convicted of my first dui and i had just received a letter from the dmv stating im eligible for a restricted license.BUT..... in about two weeks i go to court for my second offense dui in ventura county and im hearing that i wont be eligible ...

    Bruce’s Answer

    You can obtain a license after a second offense provided you (1) install a breath machine on your car, (2) have an SR 22, and (3) enroll in DUI school. This law was passed last year, after I testified for it in Sacramento.

    As for work forlough, that is up to the Sheriff to decide.

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