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John Andrew Campanella

John Campanella’s Answers

70 total


  • Rights to Blood Test

    A Family member was arrested. They took him strait to the hospital for a blood test for drugs, etc. He was a minor at the time. Do I the parent have a right to have the blood test results? The hospital says they only draw the blood, the police tak...

    John’s Answer

    If this mater is heard in Juvenile court you can appear with your child and at that time the court should disclose the results of the blood test. Additionally if you, or a lawyer acting on your child's behalf contacts the DMV to set up an under 21 DMV hearing then you may obtain the police report and the blood test results through that DMV process. The blood was likely analyzed by a crime lab and not at the hospital. However, there will be no opportunity for a DMV hearing if this was a Drug only dui and no alcohol was present.

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  • Involuntary intoxication, involuntary blood test, California DUI. Can this case be thrown out?

    First DUI at 20, pushing an out of gas car with .08. Served my time. I have been sober 2 years, prescribed a new anti-depressant, never told the side effects. I drink on 4th of July and black out instantly. I come to driving, being guided by frien...

    John’s Answer

    There may be an issue as to you not knowing you are driving a vehicle. While you don't have to intend on driving drunk you must have knowledge that you are driving. I agree with previous posts suggesting that you should be prepared to go through to a jury trial and I would not expect the District Attorney to make you a plea offer worth accepting. Speak with a DUI professional in your area.

    John Campanella

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  • Driver's License Suspension

    My license was suspended in Nebraska for a DUI, but I am a resident of California. Will I be able to obtain a California State Driver's License before the suspension in Nebraska is cleared up?

    John’s Answer

    No, all states participate in an Interstate compact whereby they are required to communicate with one another regarding such matters. CA will NOT issue you a CDL until Nebraska is cleared.

    John A. Campanella
    www.duifighter.com

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  • Traffic

    Can police officer amend a traffic ticket in Floirda before an infraction hearing?

    John’s Answer

    I assume from your question that the officer wrote out the ticket at or near the time of the event and then either added an additional alleged violation or struck the initial charge and wrote in an alternate charge. While I believe he can do this it certainly calls into question why he would do such a thing. His credibility is at issue as he will be testifying under oath. He may claim clerical error, he may claim that he forgot to write down the additional charge. His ability to recall and accurately testify to what actually occurred is certainly relevant and he should be questioned along those lines.

    However, if he issues you a ticket and you pay the ticket off without contesting it after that point it would be too late for him to change the charges, he is precluded by law.

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  • Mortgage

    What is the Homestead Law?

    John’s Answer

    The Homestead law refers to a state law that allows the owner of a primary residence to retain a certain amount of equity in his/her property. The equity is protected from creditors. The amount which is protected can very from state to state. For instance in the state of Washington the amount is $125,000. You would need to find out the amount in your state and file the appropriate Homestead documents if you desire to seek the protection afforded by your states Homestead.

    John Campanella
    www.duifighter.com

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  • The Peyote and Children question.

    I recently posted a peyote and children question with a lot of great responses.I can answer a few of the questions. First of all the Children are an active part of taking peyote in the rituals. I have also contacted CPS in Wenatchee and they were ...

    John’s Answer

    Brad,
    I certainly can appreciate your values and that you would rather have less material items and more time to yourself. Too many people spend time working at a job they do not like so that they can purchase thing they do not need or even like once they acquire them. While it is true many in our society, judges included may view your minimalist lifestyle as a "negative" you have to do what you believe is right. Do not sacrifice what you truly believe to be right because of the pressure of others. Children need love, understanding and the wisdom of a parent more than toys and material possessions. Sure they need food, clothing and a roof over there head but they don't need cell phones, X-boxes and the latest electrical gadgets.

    Listen to what you know to be true.

    John A. Campanella

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  • Traffic collection

    I live in California. Sonoma County gave me a ticket for speeding. I challenged it by written declaration. I never received anything in the mail. I went to the courthouse to follow up. I was than told the case had been turned over to the courts tr...

    John’s Answer

    You might want to contact Stan the Radar Man at Stantheradarman.com he handles quite a few speeding tickets and is familiar with the written declaration challenge process.

    Good luck,

    John Campanella

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  • Minor in Possession

    Is there any chance of defending a minor in possession charge in California? Not driving (no car involved) and not intoxicated, just possession.

    John’s Answer

    There is always a chance of defending a criminal charge but you should meet with a criminal defense attorney to discuss the specific facts of this case. Minor in possession does not require driving nor intoxication. It merely requires that the minor posses alcohol and that he knows that he is in possession of it.

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  • Grandparent wants custody

    I am a 55 yr old grandparent of three girls, twins 4 and younger sister 3. I've lived in the same house for 21 yrs. Worked for a major grocery store for 8 yrs. My son and daughter in law are drug abusers and gamble their welfare checks away and...

    John’s Answer

    You need to retain an attorney to request custody.

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  • Divorce dispute

    I had built a company with my ex and he was awarded the entire corporation . I have been stuggleing since. What do you suggest. Please contact me for the full story. Sincerely, Gail 206-730-9922

    John’s Answer

    When you say that, "He was awarded the entire corporation." who awarded it to him?

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