Paul Richard Burglin’s Answers

Paul Richard Burglin

San Rafael DUI / DWI Attorney.

Contributor Level 12
  1. I have 4 D.U.I.'s what can i do pay attorney or just go to court n do my time.

    Answered almost 2 years ago.

    1. Paul Richard Burglin
    2. Ian Thomas Valkenet
    3. Jason Chase Beahm
    4. Charles K. Kenyon Jr.
    5. Amber H Lunsford
    6. ···
    6 lawyer answers

    Retain a good DUI defense attorney---one who can put together a good mitigation package for you in the event there is no viable defense. This is serious because it can be charged as a felony. Get back into the program right away.

    14 lawyers agreed with this answer

  2. My son was arrested for DUI after getting into an accident in our car. Should we get him a lawyer and do we need a lawyer?

    Answered 12 months ago.

    1. Chad Raymond Maddox
    2. Michael Rutledge Norton
    3. Leigh Gretchen Fleming
    4. Paul Richard Burglin
    5. Michael Jon Fremont
    6. ···
    17 lawyer answers

    Your son is looking at a potential felony charge here. I would definitely get him an attorney.

    13 lawyers agreed with this answer

  3. Probably a stupid question, but does it matter that the ticket issued and the report written are different?

    Answered about 1 year ago.

    1. Paul Richard Burglin
    2. Michael Kevin Cernyar
    3. James Murray Warden
    4. Michael Jon Fremont
    5. Michael Joseph Aed
    5 lawyer answers

    Inconsistencies between the two different documents can be helpful to your defense, as it reflects on the inattentiveness of the officer and casts doubt on his or her recollections.

    13 lawyers agreed with this answer

  4. Any scenario where I would disclose a recently expunged Wet/Reckless on a job application?

    Answered about 1 year ago.

    1. Paul Richard Burglin
    2. Troy Slaten
    3. Nicholas Milan Loncar
    4. Michael Stewart Phillips
    4 lawyer answers

    That particular question is a little dicey because at one time in your life you did stand convicted of reckless driving. A "no" answer can be justified on the grounds that (1) It has since been expunged; and/or (2) it was a minor traffic offense. The problem is that they will still see it with a background check, so you are probably better off stating you were convicted of reckless driving but the conviction has been expunged. You do not have to add "wet" because there is no such word in the...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I got a DUI four days ago, and this is my first offense. What do I do? Should I get an attorney?

    Answered about 1 year ago.

    1. Troy Slaten
    2. Hart Jasper Levin
    3. Michael Jon Fremont
    4. Sholeh Iravantchi
    5. Paul Richard Burglin
    6. ···
    12 lawyer answers

    The taking of your blood without a warrant may have been a violation of the Fourth and 14th amendments, and if so, it could result in the suppression of the blood-alcohol evidence. The accident and hospital setting may give rise to a finding that exigent circumstances were sufficient to constitute an exception to the warrant requirement. You should retain a lawyer to explore possible defenses, and if there is no viable defense, to at least mitigate the consequences for you.

    11 lawyers agreed with this answer

  6. I am going to court for my 3rd DUI, what kind of sentencing do I expect?

    Answered over 1 year ago.

    1. Paul Richard Burglin
    2. Matthew Murillo
    3. Brian Hurwitz
    4. Anthony Michael Solis
    5. Dan Eugene Chambers
    6. ···
    7 lawyer answers

    It depends on a host of factors, not the least of which is the county where your new case is pending. The minimum sentence on a third offense is 120 days jail, but sometimes the sentence can be served on a jail alternative such as home detention. Some prosecutors and judges will want more time, and some will deny jail alternatives. You should consult with a local attorney and strongly entertain a treatment program.

    10 lawyers agreed with this answer

  7. DMV hearing

    Answered about 1 year ago.

    1. Greg Thomas Hill
    2. Paul Richard Burglin
    3. Joseph Michael Ahart
    4. Ginny Harjot Kaur Walia
    5. Matthew Murillo
    6. ···
    8 lawyer answers

    A "rising blood-alcohol" is frequently relied upon as a defense in APS suspension hearings with the California DMV---most often where the test results are at, or just above, the .08 percent per se level. You typically need an expert witness for this defense along with an experienced DUI defense attorney.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. First offender - I got a DUI last Friday in City of Industry,CA on 9/5/2014, do I need a lawyer?

    Answered 3 months ago.

    1. Hazel-Lynne Ocampo Espejo
    2. Paul Richard Burglin
    3. Dan Eugene Chambers
    4. Antonio K Kizzie
    5. Jay Scott Finnecy
    6. ···
    12 lawyer answers

    If you can afford an attorney hire one. You may still have a viable defense notwithstanding your statements to the police (a person with a .22 alcohol level is too impaired to give reliable information, and there might also be a Miranda issue here). Even if the attorney cannot get you out of the soup, he or she might be able to mitigate things for you. If you cannot afford a private attorney, ask for a public defender.

    9 lawyers agreed with this answer

  9. RE DUI DMV hearing, can a witness's statement be filled out by the arresting officer?

    Answered about 1 year ago.

    1. Paul Richard Burglin
    2. Robert Laurens Driessen
    3. Andrew Stephen Roberts
    4. Michael Jon Fremont
    4 lawyer answers

    Hearsay evidence is admissible in administrative hearings, but over timely objection it may not be the sole basis for any finding. Believe it or not, the DMV does not have to prove you actually drove in a refusal action---just that the officer had probable cause that you had been. You should ask for a continuance of the hearing so you can get an attorney.

    9 lawyers agreed with this answer

  10. I blew a .13 BAC according to the report. What are my chances of a plea to a "wet reckless" with .13 BAC?

    Answered about 1 year ago.

    1. Terry Alan Wapner
    2. Paul Richard Burglin
    3. Sarkis Jacob Babachanian
    4. Robert Laurens Driessen
    5. Anthony Michael Solis
    6. ···
    8 lawyer answers

    The chances of your getting a "wet reckless" offer are low , but it depends on the county and the nature and extent of your potential defenses. Some prosecutors are willing to do it if your need to avoid a DUI is critical to your employment.

    9 lawyers agreed with this answer