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John W Stanko

John Stanko’s Answers

89 total

  • Im about to pick out my jury.

    i have never got offered any deal i got an under the influence while on court probation and am getting 90 days in jail. my test supposlely came back possitive but ive never seen it .my pd is saying i have no chance of winning . i tried refusing t...

    John’s Answer

    It is unclear what exactly you are asking. If you were arrested on suspicion of being under the influence of a controlled substance you would have been subject to a DRE investigation and providing a sample of your urine or blood to determine if the substance was in your blood.

    A conviction for Health and Safety 11550 carries a minimum 90 day sentence if convicted.

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  • How long does a DUI stay on your record if you do the diversion program in California?

    Does it matter if it is drug DUI or alcohol DUI?

    John’s Answer

    There is no diversion for a DUI in CA. You likely are referring to the first offender program which is usually a probation term and is required for you to get a full driving privilege back from the DMV.

    The conviction stays on your record forever and is priorable for 10 years.

    You may be able to expunge/dismiss your case when you are off probation.

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  • Can I get copies of my file from a drug program

    I was enrolled in a 6 month program through the county but the courts had asked me to do a 3 month program . The courts are asking me to provide the classes I attended prove I went 3 moths. I stoped after 4 because my insurance was droped. When ...

    John’s Answer

    You mention insurance being dropped. Was this through the Kaiser CDRP? If so, Kaiser should have a form for you to fill out to get your records.

    Fell free to contact my office if you would like to discuss this matter.

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  • Did I make a mistake sending payed tickets receipts to deffered action to indicate physical prove in the US ?

    I sent some payed tickes receipts (two to be exact for not having a drivers license) as well my court records (that only has those two tickets for not having a license) to deffered action already since I didn't have any other physical prove that ...

    John’s Answer

    I agree with the other two attorneys. You will be okay.

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  • My husband has three speeding tickets from (2 in 2010 and 1 in 2011) but has not recieved one since then.

    He is unable to get a job due to his driving record. IS there anything he can do to get these taken off his record?

    John’s Answer

    Likely not.

    A local traffic attorney in MN can advise you about this. Call one.

    In CA points typically stay on a driving record for 3 years and after 6 months there is normally not anyway to take them off of the record.

    Good luck.

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  • I need to know if there is anything i could do about this speeding ticket

    i was pulled over at about 7:10 am leaving a trailer park where a friend of mine lived.i had never been there before and was completely unaware of any school zone as the signs are facing the OPPOSITE direction so even as i was leaving i was comple...

    John’s Answer

    Call a local traffic attorney to fight this ticket for you. There are many defenses to a speeding ticket and they vary depending on how the speed was calculated. I.e., visual estimation, radar, etc.

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  • I live in California, i was ordered to install an iid for a year. Can I wait until the year is over and then begin to drive ?

    My year will be over in may 2013, can I wait til then to start driving again ? I don't have a car at the moment. I sent the exempt form for the iid.

    John’s Answer

    Can you not install the IID and wait a year and then drive?

    Well, did the court order the IID in your car? I assume yes because LA county is a pilot IID county. If you don't own or operate a car you can submit a verification of non operation and that should relieve you of your obligation at this time.

    Did the DMV respond to your IID form?

    On a first offense the DMV isn't requiring an IID.
    On a multiple offense you would have to complete a multiple offender program, provide and SR 22 and a reissue fee to get a license. Your suspension would be for 2 years and you cannot drive for 90 days or 6 moths and then only if you get the IID and you could wait for 1 year and then apply for a to and from work restricted license without an IID.

    Without knowing more about your case it is tough to give you a definite answer.

    You should discuss all of these options with your attorney.

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  • Is there any pro bono lawyers near pike county indiana >

    looking for a pro bono lawyer near pike county indiana for my 2nd dui charge. i have a plea offer of 6months house arrest or 3 months work release

    John’s Answer

    • Selected as best answer

    Do you currently have an attorney or a public defender?

    I would suggest that you sit down and discuss your options with your current attorney or call around to local DUI attorneys for a free consultation.

    If you don't want to accept the offer then take your case to trial. You are innocent until proven guilty.

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  • I refuse to blow and they didnt make me take a field sorbeight test all the wanted me to do was to blow and I didnt

    I was driving off post when a mp got behing me and follow me 1.3 miles then he put his light on i ask him why did he pull me over he didnt want to tell me then he went to his car and came back and told me that i have a dwi in 2007 i ask him again ...

    John’s Answer

    • Selected as best answer

    Officers are not normally required to read you your Miranda rights on a DUI stop and detention. However, if you were subject to a custodial interrogation and you made incriminating statements the officer may have violated your rights.

    You should call a local attorney who specializes in DUI to assist you with your defense and the issues surrounding the refusal allegation.

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  • What can i do if my dad was sentenced to 7 months in jail.

    He has 3 dui and selling marijuana over one ounce.

    John’s Answer

    Your question is vague. If your dad was convicted after trial he may still be able to appeal. He may also have a motion to withdraw his plea.
    You need to provide more information to get a clear answer.
    I suggest you contact your father's attorney to discuss his options.

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