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Manny Daskal’s Answers

344 total


  • I was injured by a Sheriff deputy during a dui arrest. How can I complain? my blood level was .04.

    I was pinned to the street face down and my forehead was ground into the pavement causing me to have a concussion.

    Manny’s Answer

    contact an attorney in your area that specializes in what are commonly referred to as 1983 actions.(excessive force cases). There are a number of attorneys that specialize in these types of cases. Also, make sure you have medical records to substantiate your injury

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  • Is there a way I can go to school(college) on a restricted DUI license?

    I am now a full time student since I had to quit my job because I was not going to be able to drive there for 1 month. Only thing I could find is to file some type of stipulation, not sure what that is.

    Manny’s Answer

    Critical Need is only if yo are under 21. You are eligible for a restricted license at the end of the 30 day suspension if you didn't apply for a Hearing with the DMV. You may drive to and from school on a restricted license as well as to the alcohol class that you will be required to sign up for in order to get a restricted license. I would suggest you contact one of the many excellent DUi lawyers in your area. Go to CDLA(California DUI Lawyers Assoc.) website and consult with one or more to make sure you are doing the right thing as a DUI can affect your future substantially.

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  • Can 9 mo. dui school ordered by the court for 'wet wreckless' (.007) be reduced? DMV sent 'set aside' I have my license.

    Had dui 8 yrs. ago (.009).

    Manny’s Answer

    Mr. Fremont is correct. The 9 month program is available to be modified only by the court. the DMV is not the agency responsible for the class or monitoring your participation.

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  • I got an dui in 09 got time.got pull over 1st time on suspend licences. Did dui class still have to pay 1 pament to clear w dmv

    What can I do what are my chances in court in oct.

    Manny’s Answer

    You probably need a lawyer to plead your case for you. go and pay the final payment if that is all you have left to do. Sometimes Court will reduce to driving without a license if you are sone with everything,but not very often. Driving on suspended has mandatory jail time

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  • Charges dropped. License returned? When?

    Following a DUI arrest, I did not attend my DMV hearing (out of sheer stupidity)*. I refused field breathalyzer but submitted to blood draw. Results came back .05, and DA dropped charges. How do I get my license back? Will the DMV return it? Or do...

    Manny’s Answer

    NO, you do have a right to a renewed hearing. You get a form from the DA It is a 702 form that says they are not filing and then file that with DMV with request for new hearing. DMV should not even hold hearing as you are below a .08 where their jurisdiction starts

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  • Blood was tested nearly 1 month from when it was draw for dui. Vial was stored at station in unrefrigerated box. Test comprised?

    Lab reports and officer testimony at DMV hearing confirm this.

    Manny’s Answer

    That is a good question. There are some studies that would agree with that. Other issues that need to be addressed are the amounts of anticoagulant and preservative. All these need to be looked are to determine whether the sample taken was of evidentiary value or compromised. These are substantial questions and need to be addressed by an attorney who has a great base of knowledge in blood testing. That attorney would probably need to hire a forensic expert to assist hi/her and you.

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  • Sentenced to 96 hours for second DUI

    turn myself to the court this Friday....I understand that there is something called weekend jail....is it too late to request that instead? If I can't request weekend jail....what happens when I am taken into custody at the courthouse? Thank you...

    Manny’s Answer

    generally book & release at jail not courthouse

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  • I got a dui 1st offense blood alcohol level was .24 blood test - breathe was .27 I live in California , what will dmv do, my

    dui penalty 1st offense with dmv

    Manny’s Answer

    Court notifies DMV once convicted with .20 or greater and DMV will require a longer course, additionally some places may require Ignition Interlock

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  • So did senate bill 289 get passed ? What does this mean?

    Can they now convict us of dui for havering any amount of legally prescribed drugs or medication in our system?

    Manny’s Answer

    No it didn't. It did not make it out of the Public Safety Committee. the Hearings are available for viewing at the archives on the committee website.

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  • When at the Hearing and challenging evidence such as BAC breath tests and sobriety tests in the field, do I need to make a moti

    When at the Hearing and challenging evidence such as BAC breath tests before the arrest and sobriety tests in the field, do I need to make a motion and use pleading paper? Do I have to admit them as evidence?

    Manny’s Answer

    If this is DMV hearing you need to offer expert testimony to refute their evidence. You may raise objections to the form of the evidence. this obviously is a technical hearing so it wouldn't be a bad idea to at least consult with an experienced DUI/DMV attorney.

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