John W Stanko’s Answers

John W Stanko

San Rafael DUI / DWI Attorney.

Contributor Level 10
  1. 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

    Answered almost 2 years ago.

    1. John W Stanko
    2. Jim Mitchell Medley
    2 lawyer answers

    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.

    Selected as best answer

  2. Misdameanor Open Container Ticket..

    Answered almost 2 years ago.

    1. Robert Laurens Driessen
    2. Andrew Stephen Roberts
    3. John W Stanko
    3 lawyer answers

    If you cannot personally appear in court hire a local attorney to appear for you. CA Penal Code section 977 allows you to appear through an attorney on a misdemeanor case.

    1 lawyer agreed with this answer

  3. Do Georgia, Virgina and Maryland DMVs talk?

    Answered almost 2 years ago.

    1. Andrew Stephen Roberts
    2. Daniel Alexander Jimenez
    3. John W Stanko
    3 lawyer answers

    My colleagues are correct, there is an interstate compact among almost all DMVs in the Union. Go online and seek out the services of an attorney in GA. The suspension in GA will hit CA at some point and the DMV here will send you notice of the suspension.

    1 lawyer agreed with this answer

  4. Please advice how can I avoid the traffic ticket? I got a left turn ticket San Diego CA.

    Answered almost 2 years ago.

    1. David Philip Shapiro
    2. Paul Henry Neuharth Jr
    3. John W Stanko
    3 lawyer answers

    The fee, fine, on your citation is set by the uniform bail schedule for traffic infractions. You will get the amount when the court sends a courtesy notice. You should not just pay the ticket. Consider your options, are you traffic school eligible, do you want to fight it with or without an attorney. Also, you may opt for a trial by declaration. Seek out the a advice of a local attorney.

    1 lawyer agreed with this answer

  5. If California law says potential employers can only check criminal background 7 years back, will later convictions show up

    Answered almost 2 years ago.

    1. John M. Kaman
    2. Robert Laurens Driessen
    3. John W Stanko
    3 lawyer answers

    Criminal convictions will stay on your department of justice rap sheet indefinitely. Get a livescan fingerprint check done and submit it to the DOJ for a copy of your record to see what is there. Also, information concerning your convictions may be readily available online. Do a search. As my colleague stated, you may want to hire an attorney to assist you with the expungement/dismissal of these cases.

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. Robert Laurens Driessen
    2. Andrew Stephen Roberts
    3. John W Stanko
    3 lawyer answers

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

    1 lawyer agreed with this answer

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

    Answered almost 2 years ago.

    1. Robert Laurens Driessen
    2. John W Stanko
    3. Pius Joseph
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  8. What are my chances of getting a first misdemeanor expunged?

    Answered almost 2 years ago.

    1. Maltaise E Cini
    2. Jasen Bodie Nielsen
    3. John W Stanko
    3 lawyer answers

    You cannot expunge a case if you are currently on probation for another charge or facing prosecution in another case. So, your second case may prohibit your from getting 1203.4 relief on the first case at this time.

    1 lawyer agreed with this answer

  9. I got cited and realesed by the police for petty theft at walmart what will be the outcome?

    Answered almost 2 years ago.

    1. Gilberto Benito Vega
    2. John W Stanko
    2 lawyer answers

    You should hire an attorney. If your probation officer or the DA files a petition to revoke your probation you will either admit a violation and be re-sentenced or you deny a violation and demand a hearing on the alleged violation. If you are found in violation you will be sentenced and are facing, as a maximum, the full exposure on your probation case.

    1 lawyer agreed with this answer

  10. Infractions cvc 22350 cvc 72500(9) will i get jail time if i have a prior cvc 12500

    Answered almost 2 years ago.

    1. Andrew Stephen Roberts
    2. Mohammad Ali Salimi
    3. John W Stanko
    3 lawyer answers

    Fight the speeding ticket, 22350, there are many defenses and possible bargains you an enter into. You cannot go to jail on an infraction, fines only. If the 12500 was a misdemeanor you should hire an attorney to assist you.

    1 lawyer agreed with this answer