Donald Gray Drewry's Answers

Did I violate my probation?

First, if you were given an Infraction, there should be NO probation, so you need to check this immediately to make sure it is not a Misdemeanor. Second, if you are 18 you are required to take the PAS breath testing, and there is NO Tolerance, .01 is enough for the DMV to take your license, however, many of these machines register other substances as alcohol, so a lot depends on what you told the officer. This would be a fight with the DMV and you only have 10 days to request a hearing with...

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Past the date to pay or show up in court for my traffic ticket

When you fail to appear the Court orders a warrant 40508 VC which is an increase in fine, and notifies the DMV of your failure to appear. The DMV immediately suspends you license, so if you are stopped they will impound your car and cite you for driving on a suspended license which is a Misdemeanor up to 6 months in the County Jail and/or $1,000 fine. If you immediately go to the traffic court, the judge will usually allow you to get an abstract to clear with DMV, but you must take the...

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Violation of my civil rights

First, you should file a complaint with Internal Affairs of the police department. Second, you have a very limited time to file a claim against the City of Oakland, Oakland Police Department, and each police officer that you specifically know of in this case, Does 1 through 100, (these are people that you find later in the case). Government Claims must be filed within 180 days, and that means weekends count, or you lose your right to sue. Once you have filed your claim you preserve your...

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Involuntary intoxication, involuntary blood test, California DUI. Can this case be thrown out?

The first thing you should do is get the blood retested. Have a DUI lawyer in your area take the case, subponea the blood sample and have it checked for preservative levels and alcohol. The lawyer should also subponea all the records on the Gas Chromatograph and bench notes. Next, the should look at your prescription to be sure that it is labeled to not to mix with alcohol. And, this is just the start of looking for defenses of your case. It is not a good case as you have presented it, but...

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CA DUI law, would receiving a traffic infraction violate my DUI probation

Receiving an infraction is not considered to be a probation violation. When the Court tells you to be of good conduct, don't drive without a license and insurance, obey all laws the Court realizes that from time to time people speed or run a stop sign. What they don't want you doing is committing another misdemeanor or felony, and this means driving under the influence or on a suspended license; although, any misdemeanor or felony could violate your probation. The Court usually never hears...

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