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Paul Richard Burglin

Paul Burglin’s Answers

165 total


  • Do I have to ask permission from the judge for a restricted license?

    Ok, so in butte county I got my 3rd DUI back in November of 2014 and I got my sentencing in June 2015. I have been attending my SB38 classes since May of 2015 and am currently on HIDE probation and I want to go and get my restricted license. i kno...

    Paul’s Answer

    Unless a judge denies your eligibility for it at sentencing, one should not request it because it is not necessary and it would only invite the judge to declare you ineligible for it.

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  • Can I state no conviction and no license discipline when renewing ca RN license ???

    I am an RN and received a DUI - as of now I have a temporary pink slip and I did contact the dmv and will have a hearing at end of Jan ....I am renewing my RN license and The brn asks if I've had any license disciplined from any agency - can I sta...

    Paul’s Answer

    Yes, but the Nursing Board has probably already gotten notification of your arrest and will be sending you a letter about it. So be careful to not do anything that might be perceived as lacking candor.

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  • Is it possible to take a dui school program before my court date?

    Since i havent sentenced yet(still pending) waiting on my court date. I need a restricted license from house to work. But if i go the dui school program i dont know how many months should i take. For first dui is it 3 months, 6? Or 9 months. Is it...

    Paul’s Answer

    It will be te 3-month school and you can start it now.

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  • When am I eligible for a restricted license after first offense DUI but second DMV suspension?

    License suspended in prior DMV action (over 21), but never prosecuted in court, so no conviction. Now I'm looking at another DUI, and DMV has suspended for one year already. If I plead to a first DUI Conviction, when can I get a restricted lice...

    Paul’s Answer

    If the most recent offense involves only alcohol, then you will be statutorily eligible for an IID restricted license after 90 days of suspension time provided you are convicted of a non-injury DUI or alcohol-related reckless driving and the judge does not exclude you. If you were still on DUI probation from the first offense then the DMV will resist, but it's resistance is not supported by the law and you can prevail in Court on a writ with a competent attorney.

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  • What are my chances of overcoming my DUI arrest? I was parked on the side of the freeway when officers approached my car.

    I went out with friends and had a couple of drinks. My last drink was at 6:45pm. After a couple of hours lapsed I stopped and picked up my son on the way to take a friend home. I then headed home. My drive home is about an hour and a half. I ...

    Paul’s Answer

    Much will depend on the test results and any statements you made to the officer about what you had to drink and when. In addition to the DUI charges, you could also be facing a child endangerment charge. You should not make any further statements without consulting with a lawyer.

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  • I was stopped of a suspected DUI with BAC blood 0.085.What are the chances of getting it dismissed assuming it was legal stop???

    The police officer has also charged with of delaying an officer because I failed to stop right away. I pulled over as soon as I heard the siren , and the distance between the lights and siren was turned on and the stop is less than 0.1 mile (500...

    Paul’s Answer

    It's unlikely the Santa Clara District Attorney's office will not file or dismiss it, but they may well be willing to reduce it to reckless driving. The strength of the case depends on a number of factors, and you should have legal counsel assist you.

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  • Lost dmv hearing

    I lost my dmv hearing due to a first time DUI. They suspended my license for 4 months starting next week. The court has still not contacted me after a month. Is it possible I can get a restricted license and how fast or do I have to wait a certain...

    Paul’s Answer

    You are eligible for a Class C restricted license after serving 30 days of suspension time, provided you enroll in a licensed 3-month first offender program and post and SR22 certificate of insurance.

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  • Can I apply for expungement of second DUI on my record?

    Can I apply for expungement if I have 2 DUI's on my record?

    Paul’s Answer

    So long as you are off probation. Depending on the county, you may encounter some hurdles in getting one or both granted.

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  • My boyfriend has 4 dui's on his record his last one being 14 years ago why is the dmv still showing any of his dui's?

    The dmv told us in order for my boyfriend to get his license he had to complete a dui class, have a breathalizer put in the car and a sr22. That is crazy because I thought there was a statue of limitations for DUi's and they only stayed on your r...

    Paul’s Answer

    It is a myth that they come off the DMV record. The points come off three years after the violation date, and the prior misdemeanor DUI convictions may only be used to statutorily enhance the sentence on a new offense if they occurred within 10 years of the current offense.
    As for your boyfriend, just because they happened more than 10 years ago does not mean the DMV cannot require him to do the school as a condition of license reinstatement.

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  • Where is the proper place to conduct a DUI blood test?

    I was arrested for a dui, chose the blood test, and it was taken in the jail on the bench.

    Paul’s Answer

    Although the U.S. Supreme Court has expressed serious reservations about the propriety of blood draws being done at jail houses, it has not yet declared it unreasonable and the California appellate courts have found no problem with it. Still, the procedure must be done in a medically reasonable manner or the result is subject to suppression.

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