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Paul Richard Burglin's Answers
Contributor Level 10
- 92 Legal Answers
- 0 Legal Guides
6
Attorney answers:
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I just recieved my fourth DUI in 10 years, one was a wet and reckless, can that change my sentence?
The alcohol-related reckless driving conviction (commonly referred to as "wet reckless") is indeed considered a prior for sentencing enhancement purposes. A fourth DUI offense within 10 years may be charged as a felony and carries a potential State prison sentence. Serious consequences here and you should have competent legal representation.
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6
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How likely can I get a second DUI charge reduced if I wasnt driving and sleeping in my car after a wet reckless last year?
The prosecution's ability to prove you were driving in violation of 23152 rests on the amount of circumstantial evidence. Did you admit to driving? Was there anyone else in the area? Were you in a remote location? Where was the ignition key? Who was the car registered to? What was your alcohol level (the higher it is, the easier it is for the prosecutor to prove you were over the legal limit when you drove)? Were there any open containers in the area (suggesting post-driving consumption...
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7
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DUI WITH GBI with 2 Prior DUI's plus a Felony Prior
Pen. C. §12022.7, subd. (e) defines great bodily injury as “a significant or substantial physical injury.” It's a jury question, but a hairline fracture to the jaw is undoubtedly enough for a lawful finding of GBI. If you are sentenced to state prison on a felony DUI with GBI, you will have to serve 85 percent of the sentence because such a conviction qualifies as a violent felony pursuant to P.C. §2933.1 and §667.5. P.C. §667.5 (c) (8) classifies a violent felony as: "Any felony in which...
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6
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My friend was drunk driving my car and was involved in fatal car crash, can i face a civil law suit and criminal charges?
You have an insurance policy, so just tender any claims to your carrier. If they cannot resolve the claims, legal counsel will be assigned to defend you as part of your coverage. Do not discuss the matter any further on social media.
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4
Attorney answers:
Is it illegal in California to drive on a flat tire for six blocks?
It's not illegal, but it does furnish an officer with lawful grounds to make a traffic stop.
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5
Attorney answers:
DUI - suspended license
You are suspended and need to go back to the local DMV office and reapply for your restricted license.
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3
Attorney answers:
Statute of Limitations for DUI.
You are gonna have to do that 18-month school unless you move out of the State and provide proof of non-residency. The DMV might agree to give you a restricted license upon proof of enrollment and the filing of an SR-22 certificate of insurance. Call Mandatory Actions at (916) 657-6525 and ask them.
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5
Attorney answers:
How likely is it that my DUI might be expunged?
It depends on the judge and whether you have completed your term of probation. Normally though, it is not a problem to get a first offense DUI conviction expunged. You really should check with an attorney knowledgeable about your county's practices. Some counties make you personally appear in Court, and a few judges want to see or hear a good reason for the expungement.
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4
Attorney answers:
What steps should I take for an Ambien DUI?
You have many questions and you should definitely have a lawyer. An unanticipated reaction to medication, taken as prescribed, constitutes an involuntary intoxication and is an affirmative defense to DUI charges.
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3
Attorney answers:
I was stopped by police and they said I was in violation of my DUI probation (my three year probation ends March 1, 2012)
Could be that somebody overlooked the fact that you are on DUI probation and set the action aside when they saw a result under .08 percent. Follow up on the infraction and get a look at the cop's notes and sworn statement (DS-367) at the traffic court trial, but do not mention the set aside to him/her.
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