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Paul Richard Burglin

Paul Burglin’s Answers

146 total


  • Can I drive during a funeral with a restricted license in california?

    I was given a restricted license due to tickets for traffic violations

    Paul’s Answer

    It depends on how broad the Traffic Court judge made the restriction. In DUI cases, the restriction is limited to work-related activities and the drinking driver program, but the scope of activity permitted on a restricted license issued in connection with a traffic infraction varies. If somebody is paying you to drive in the funeral procession then you may legitimately claim it is work-related.

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  • What justice can result from a California DMV "hearing" sham? If so, what? It's too late for justice for me, but what about DMV?

    The discovery/police report contains no evidence to show that the person who drew my blood was qualified to do so. There isn't even evidence that states "the person was qualified.." No boxes were checked by on the relevant form by the per...

    Paul’s Answer

    Compliance with statutory and regulatory standards is presumed in the administrative hearing under Evidence Code section 664, and the burden was on you to introduce some evidence of non-compliance in order to shift that burden back to the DMV. Without the introduction of any such evidence, the argument has no merit.

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  • What's the point of getting a DUI expunged (in California), if it's still part of your DMV record?

    A friend really wanted to drive for Lyft/Uber/etc. They got a .08 during a breathalyzer and took a plea deal of "wet reckless". They thought expunging it from their record would resolve that issue and allow them to drive but now they've heard othe...

    Paul’s Answer

    It may not do the trick in getting the individual a job of that nature, but it allows the person to honestly state they have not been convicted (except when it comes to state licensing matters or working for the State Lottery). This helps with general employment, college admissions, foreign travel, etc.

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  • Can you get a DUI after an auto accident if not ticket or arrest was made?

    2 days ago my daughter rolled her car. She had been drinking (2 beers she says) prior--she is legal drinking age. She had injuries that required an ER visit. The officer on site did field sobriety (no breathalyzer) & kept her license. He told her ...

    Paul’s Answer

    Normally, if the license is taken the driver is simultaneously served with an Order of Suspension. Not sure if she was, but if so, she should request a hearing with the DMV within 10 days of the incident. To answer your question, she can be charged with a DUIDLA even in the absence of a chemical test, and regardless of fault for the accident. She should inquire if a traffic collision report was made, and be alert to any Notice To Appear she might get in the mail.

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  • I have my driver's license revoked since 2003 in Virginia because of 3rd DUI conviction. Can I have a license in California now?

    I have my driver's license revoked in 2003 which is 12 years ago in Virginia because of 3rd DUI conviction. Ever since I was outside of US, and came back to US in 2013. Now I am in Santa Clara, California. I was told that I could reinstate my driv...

    Paul’s Answer

    You should be eligible for a CA license so long as VA has cleared the suspension action.

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  • Driving to AA with a restricted license?

    As a requirement for my DUI class I am required to attend a few AA meetings. Once I receive my restricted license I know that I will be able to drive to my DUI class itself, but what about the AA meetings? My actual court case is still pe...

    Paul’s Answer

    Drinking driver school activities are within the scope of the restricted license.

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  • Can I Get My License Back Or Restricted License for a DUI?Why Am I Getting Conflicting Answers From MAU and local DMV Offices?

    Here's my case: in March 2012 I was arrested for .08bac. My attorney negotiated to Speed Ex (23109c) conv on 7/2012. We lost the DMV & had 4 mo DL susp. In March 2014 I was arrested for .08bac and we lost in court to 1st DUI conv 7/2014. We lost...

    Paul’s Answer

    There are two separate suspension actions. One is the APS administrative suspension for one year for driving with a .08 or higher BAC with a prior APS suspension within 10 years. The other is a six month suspension with restriction eligibility, triggered by the first offense conviction. Arguably, you are eligible for an IID restricted license after 90 days of suspension time but DMV may resist. If so, you will need to file a writ of mandamus action in Superior Court.

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  • I received and plead guilty to a d.u.i. . Went to a.a. , paid all fines and went to school. 11 months later I got 2 more. help

    all I want is to live in AZ. go to school and work. I hope that's possible soon . Now I need 18 months school and 4 years probation in CA. . I want to live in flag staff.

    Paul’s Answer

    You may be able to move to AZ but there are obviously obligations and consequences to deal with in CA. You have two new alleged offenses plus a petition to revoke your probation. Get a CA attorney and plan on getting into treatment.

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  • Punishment for 2nd Felony DUI & Probation Violation?

    A friend of mine is currently incarcerated for his 4th DUI in 10 years, 2006, 2007, 2010, 2014. Technically, it is his 5th, but the first one falls outside the 10-year window (2002). The DUI he received in 2010 was a felony because it was his 4th ...

    Paul’s Answer

    He might possibly have still been on probation for the 2010 conviction at the time of the current offense, so he could be facing petitions to revoke his probation in the last two cases. The max on the 2010 case is one year since it was a misdemeanor. The max on the 2014 case is 3 years (assuming no injury involved). The current felony is probably 3 years as well. There is a very good chance he is going to be sent to state prison given the number of priors and the probation violation(s). He needs a lawyer and he needs residential treatment.

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  • CA DUI IID installation

    Can the DMV in CA order the installation of an Igniting Interlock Devi device for a DUI conviction if the court did not order it?

    Paul’s Answer

    If the DUI conviction happened in one of the four pilot counties then yes.

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