Manny Daskal's Answers

DUI ... DA paperwork not 'ready for trial'

You can pull your time waiver and they must take you to trial within 30 days. This is often a good trial strategy.

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Should i fight for my case when my BAC was 0.09, first offense? what should i do? and how many percent i get to win this case?

You can't afford not to fight this. It will impact your future. It could cost you jobs. A really good lawyer can win a case like this. Don't forget to contact the DMV. Immediately.

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I was arrested in a dui in ca with over 21 years old ,first time offense,just find out my bac was .01 yes .01 any advice?

1st request a DMV hearing, just in case. If it really was a.01 did they give you a Blood or urine test for drugs? Why did they arrest you and how do you know it was a .01. Could you be mistaken and it was a .10?

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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?

Sounds like it's a defensible case. Prosecution may proceed by trying to prove.08 if you gave them a time of driving. There are a number of really good DUI lawyers down your way. Check the California Dui Lawyers Association website for one. Be sure to apply for a DMV Hearing. They also could proceed with that as well.

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Is it illegal in California to drive on a flat tire for six blocks?

Burglin wrote the book on DUI defense in Ca. He is right. This can fall under the community caretaking role of law enforcement. This gives police the right to pull you over to investigate & make sure everything is all right.

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If my DUI arraignment was postponed by the DA, is my license still suspended??

If you did not request a DMV Hearing your license will be suspended 30 days after the date of arrest. If this occurs, during this time period you should go to the DMV and get your requirements to get a restricted license so that you can get your restricted license after the 30 day suspended period. It doesn't matter what happens with your court case. as to this process. The DMV is responsible for the status of your license. The only reason they will not suspend your licens initially is if...

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Can I make a "wet and wreckless" plead without an attorney? If so what information would I need?

A wet is basically the same result as a DUI. If what you say is true you have a really good case & should take it to trial. Consult an experienced DUI attorney to confirm your case is good.

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What would be my best way to defend a second DUI ?

Yes, it is time to get an attorney. First thing, if 10 days hasn't passed from date of arrest, contact the DMV for a Hearing or your license is gone for a substantial period of time. Best place to look for an experienced , knowledegable DUI attorney is at the California DUI Lawyers Assoc. website(CDLA) Penalties for a 2nd include jail, very lengthy classes, large fines. Good Luck

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Never got a ticket or court date to appear

Yes, it's legal, just not very fair. You didn't say what you're charged with. A good place to look for a laywer is the Cakifornia Dui Lawyers list. The lawyers are familiar with cases brought for violating the vehicle code and work very hard to remain current in the field.

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Iam currently enrolled in An 18 month dui program in California.. I want to move to New York since my wife lives there..

You can waive the program by contacting DMV and showing proof that you reside out of state and don't intend to reside in CA. For 3 years. However you aren't eligible for a license in NY until the full suspension period is over.

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