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Richard Thomas Dudek

Richard Dudek’s Answers

12 total


  • First DUI, blew .09, no criminal record AT ALL, my X followed me making 911 calls to retaliate custody and child supp issues...

    The officer stated multiple 911 calls were made. I just picked our son from school, and officer witnessed my driving just fine. I was compliant in every way, I BELIEVE I did fine on FST (Im not the trained pro) but regardless blew .09 and officer ...

    Richard’s Answer

    If your question is simply whether or not you have a chance with the PD, then the answer is yes. It was not the DA that added the child endangerment charge but the arresting officer. Of course, that charge may not exist when the DA reviews the case and actually files charges. I read the other answers and all of them are informative and correct. With all cases, you have to decide how much you are willing to fight and what consequences exist to you.

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  • I received two DUIs several years ago and three warrants. I want to clear my name, what is the best way?

    Both DUI's are misdemeanor DUI's. I served time for both, and started DUI classes for the first. Some, but not all of my fines are paid off. Since my DUI's (2007 and 2008) I have received two A.S. degrees and am three semesters away from completin...

    Richard’s Answer

    I take it that you did not complete the 18 month class and that is the reason for the warrant. Also, do you "owe time" for not completing the work project?
    The most important thing you need to do at this time is get your case calendared. It is far better for you to bring yourself to court than for you to be picked up on the warrant.
    Assuming that you do not "owe time", you are not likely to end up in jail.

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  • Why did I get arrested for domestic violence as the aggressor after calling 911?

    My husband and I have been together on and off for 10 years. We have a little girl together, 8 years old. We are not legally married but only in our culture. Our relationship has always been rocky from the start. We tried living together so ma...

    Richard’s Answer

    The reason for your arrest would be based solely on what your husband had told the cops.

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  • I have no prior moving violations and was cited for 81mph in a 65 in Solano County. Will they consider reducing on 1st offense?

    Can I contest simply on the grounds that I believe I was not travelling that fast (radar)? If that is my plea (not guilty), might they reduce the cited speed to reduce fine and points on a first offense?

    Richard’s Answer

    Ask before you plea if the court will treat it as though you were driving at a lesser speed. The amount of the fine is based upon how much over the speed limit or safe speed you were driving. The court may well treat (and fine you a lesser amount) if you are willing to give up your trial rights.... i.e. plea bargain.

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  • Do I need an attorney?

    I recently got a DUI. I was originally pulled over for a broken headlight but since the cop saw me in club clothes, he decided to give me a sobriety test. I passed the test but when I took the breathalyzer my BAC 0.086. Went I arrived at the stati...

    Richard’s Answer

    There is a fairly good chance that the DA's office in Sacramento will reject (not file) this case. However, the DMV still needs to be notified that you want a hearing regarding the license suspension. You must notify the the DMV of your desire for a hearing within 10 days of the arrest.
    Most of the attorneys in Sacramento handle both the DMV and court.

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  • I was charged with a dui 3 days ago I wasnt actually seen driving but still charged can they do this they arrested me in my home

    it was an hour later, I had admitted to having 2 mix drinks around 6p. drove 6 miles to see a baseball game had another beer there around 9:30 pm headed home about 11 pm and as I was exiting the off ramp I do admit I was going to fast hit the ceme...

    Richard’s Answer

    You need to be very careful posting any facts related to this or any case. There are many issues which you should speak to a lawyer about.

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  • Changing lanes and no turn signal?

    i have received a ticket saying that the duration of turn signal and when the cop pulled me over he wasnt even really sure my he pulled me over he was very intimidating and rude towards me my papers i had werent apperentlly good enough for him and...

    Richard’s Answer

    A refusal to sign a traffic ticket in California would mandate the officer to bring you before a magistrate immediately. It is doubtful he will say you refuse to sign.
    As to the use of the turn signal, one only needs to use the turn signal if it affects other traffic.

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  • A friend was charged with felony petty theft with a prior (misdemeanor petty theft).

    Hired a lawyer. Going through counseling and anti shoplifting class. Just one petty theft on his record. Will he go to jail or is this a case that Can be resolved with the DA based on his proactive effort to take care of his issue.

    Richard’s Answer

    Each county is different on how cases are treated and what non-custody programs are available. Your friend is certainly doing the right thing with the counseling and class to present himself/herself better to the court and prosecution.
    A lawyer in the specific county (and particularly his present lawyer) would know of the options. Of course, the options may not become clear until later in the case.

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  • I have a FL driver's license and was convicted of a DUI 4 years ago, I was visiting southern california and was pulled over for

    a flat tire and driving too slow which turned into a DUI, this is my second offense overall and I had a BAC of .09 from blood test. What are my options and what can happen to me since I'm out of state not living in California?

    Richard’s Answer

    You also would most likely have complications with your Florida driver's license if you do not take care of the promise to appear in court. As has been stated, you can hire a CA attorney to handle the matter without you physically coming to California.
    Because your BAC is only .09, the case may well be triable and negotiable to less than a DUI conviction. This depends on the county and other factors.
    You should not post specific facts of your case in a public forum as the case is pending and could adversely effect your case.

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  • Wants to know 0n the 3rd.dui,do i have to do program(18)month,if i have not completed one before???????

    I have 3 dui in a period of 7 years, my firts was in 1992,i compliad at that time with the court(did 3 months A program).2nd,dui,i complaid with the court and ,i did 18 months A program,this one was in 1994. now this is my real question,1997 3rd d...

    Richard’s Answer

    This is a question of getting your license back.
    If the court did not advise you of the SB38 program, it has no effect on your ability to get your license.
    Since you have been suspended for quite some time with the DMV, you should seek a restricted license with proof of your enrollment into the program. It may work.

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