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Peter John Marek

Peter Marek’s Answers

4,224 total


  • How much jail time Am I facing with my driving on a suspended license in 2010 and DUI charge in 2012?

    In 2010 I received a driving on a suspended license and in 2013 I received a dui. I am ready to face the consequences. How much jail time am I facing and what happens after I go and out myself on calendar to talk to the judge? Will realignment hel...

    Peter’s Answer

    Your prior record that led to the suspension and the number of DUI's you have had and when they were received are the missing factors here. A first DUI is minimum 2 days max 1 year. 2d DUI minimum 10 max 1 year. Suspended license for prior duo is minimum 10 max 6 months and so on. Calculations should be made during free consultations. Lawyers will have the warrants recalled and handle the underlying case even if it is a free Public Defender. Don't do this alone. Schedule the free consultations and pick the one you like, trust and can afford. Good luck to you. I hope this helps you?

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  • DO I PLEA GUILTY OR NOT GUILTY

    I HAVE MY FIRST DUI AND MY BLOOD ALCOHOL WAS 0.08 AND I CANT AFFORD A LAWYER SO SHOULD I PLEA GUILTY OR NOT GUILTY SO I CAN GET A PUBLIC DEFFENDER AND I HAVE NO OTHER HISTORY NOT EVEN SPEEDING TICKECTS JUST WANT TO GET SOME OF ADVICE ON WHAT TO DO...

    Peter’s Answer

    Do nothing but go to court and ask for a public defender. Do set your DMV hearing within 10 days of the date of the stop. On your first court date ask the judge for a PD period. Take no deals unless and until your PD tells you to. Good luck to you. I hope this helps?

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  • Can I fight this DUI case?

    I was driving my car from a club into a McDonalds I was fine except I hit the curb and the officer heard me hit the curb and he was giving someone a ticket not paying attention to me but heard me hit the curb and saw me walk over to McDonalds and ...

    Peter’s Answer

    Visibly seeing you drive is not always necessary when arresting for a DUI or DA prosecuting one. There are many facts missing and whether the DA can prove the elements of this crime will need additional facts best presented in an in person consultation with DUI counsel. Schedule a couple of free consultations with localDUI attorneys and than pick the one you like, trust and can afford. Schedule the DMV hearing within 10 days. Good luck to you. I hope this helps you?

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  • Charged with refusing a test on scene but went to hospital and gave blood and toxicology came back negative can I have overturne

    Never was asked on scene to take test gave blood at emergency room how is that a refusal

    Peter’s Answer

    A refusal would be a 1 year suspension. Did you ever set the DMV hearing within the 10 day window. You will need to consult with a DUI or LICENSING attorney since many more facts are missing that will require and in person consultation. Use the avvo find a lawyer to locate local attorneys for free consultations and than pick the one you like, trust and can afford. Good luck to you. I hope this helps you?

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  • I'm being charged with vc 13353 eventhough I was taken to emergency room had blood taken paperwork saying toxicology negative

    Was released from hospital after day and a half then released and admitted again a day later

    Peter’s Answer

    I don't really see a question here. An attorney specializing in LICENSING might be your best bet to consult with. I hope you have recovered from your medical issue but understand that driving is a right and not a right but a privilege. DMV is trying to take your license away. Schedule free consultations and pick the attorney you like, trust and can afford. God luck to you. I hope this helps you?

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  • Hello, I have a question concerning court fees, fines, & restitution VS probation fees.

    1 year ago I was convicted of First time DUI and failure to stop (complicated/lengthy to explain, I did NOT run or evade police..) Anyways, after conviction I served the mandatory 90 day sentence and paid all the court fee's, fines, and restitutio...

    Peter’s Answer

    Have your attorney or you put the case back on calendar for a modification from formal to informal probation ASAP. You can do this or have your lawyer do this. Bring proof of completion of everything as stated in your post and contact your old attorney about why the program twice. You can also contact DMV Mandatory Actions Unit at 916-657-6525 for the final stop with DMV. Good luck to you. I hope this helps?

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  • I received a misuse of fare media Metrolink citation in Ventura county ca. How do I fight this and win?

    It was a misunderstanding and mistake. I thought I could purchase a ticket on the train. The conductor didn't explain anything to me. He asked for my license and issued a ticket. He told me a sheriff would be waiting to arrest me if I refused to s...

    Peter’s Answer

    If your time is valuable than just pay this no DMV point ticket which will not raise insurance rates. You clearly say that you did not pay as required because you didn't know better. You are therefore at fault and judges have heard this same excuse hundreds of times. It is an admission! Setting it for trial and hoping opposition won't appear is a possibility and would result in a win here. It would require at least two trips to the court house and that may be worth it to you. I would not waste my money or time with that inconvenience or the cost of hiring an attorney. Your choice. Good luck to you. I hope this helps you?

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  • Can I sue the Livermore PD for mixing up DUI check point cases and not giving me the correct info about having my car released?

    I went through a DUI check point sober. My license had been suspended due to a medical issue. I was 9 days short of getting it back. They towed my car, and mixed up my case with the guy in front of me who was arrested for a DUI. Do I have a case? ...

    Peter’s Answer

    You can sue anyone and this would likely be a civil rights case and you should schedule several free consultations and pick the attorney you like, trust and can afford. I empathize with the treatment which was un warranted. The impound and for not having the license was not improper. Good luck to you. I wish you the best.

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  • What's the minimum time some one can be sentenced to for a felony evading and a dui?

    My boyfriend has been in jail since March 30 he his going to be sentenced for a felony evading and a dui which is a misdemeanor. He is being sentenced and Torrence court. What is the minimum about of time he will do?

    Peter’s Answer

    This is a 16 month, 2 years or 3 years felony worst case. On the DUI it depends on whether it's a first, 2d or 3d etc. etc.. Possible is probation and under 1 year at 50%. Good luck to you. I hope this helps?

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  • I got a DUI misdemeanor. I did everything the court asked for but the community service. I only did 40 of 120 hours.

    My question is what is the punishment best and worst case scenario for the situation. Is there a way I can get an extension or maybe pay fines in lieu of service? I understand what I did was wrong and there is no excuse. I should have found time b...

    Peter’s Answer

    You or your attorney should go back to court and request an extension before the scheduled court date where you would show proof of completion. If you missed that date there is a warrant and it will need to be recalled and you will be rereferred. Worst case judge will order you to complete it in jail and probably add no more than 10 more days. Good luck to you. I hope this helps you?

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