Dorsett Michael Phillips's Answers

Private lawyer vs public defender

That's a great question. Almost every good DUI attorney offers a free initial consultation so you have nothing to loose in talking with a local DUI attorney ( or several ) and asking them the question. A complete answer really requires more information and facts about your situation. I think another good question might be what is it worth to you to fight and try and save your license, avoid high risk insurance and the first offender DUI class? As you know court appointed attorneys do not handle...

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If my license is suspended in ca because of a dui can i drive in ca with a out of state license

That's a great question with a not so simple answer. First, since a drivers license is a 'privilege' and not a 'right', California can deny individuals the privilege to drive within the borders of CA even if they have a license from another state. So the safe answer to your question is...no... you can't drive in California. However, there is a good argument (should you get a ticket for driving in CA) that because of 'full faith and credit" that a state must honor a lawfully issued drivers...

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How do i get a copy of blood test results

First, I can not tell from your question if anyone was hurt. This is important because injury DUI can be a felony. But to answer your question, he is entitled to the police reports and blood results but usually can not obtain them until the arraignment date. In drug DUI's it is always a good idea to have the results retested from an independent lab. MJ can show in the system up to 30 days after use, even though the person is not 'under the influence' . In my opinion, drug DUI can be difficult...

A few questions regarding DUI cost recovery, section 53150 (CA)

Given state financial conditions the CHP has taken the position of trying to collect as much as they can get away with. The answer to your question really depends on what happened in your case. I always send a letter to the CHP that it is illegal for them to attempt to collect before there is a conviction and this has always worked. Now, in your case, if you were convicted of the DUI (or pled guilty) then I think they can proceed, IF you otherwise fall under the statute. The statute and cases...

Can 2 people each get a dui in the same car?

I agree with Amy, CA unlike many other states does not have the crime of 'physical control' ie drunk and behind the wheel with no movement. CA law requires some movement of the vehicle. Hence, you friend has a valid charge but not you. I have seen creative DA's charge 'attempted DUI" with some success, so I would advise you to talk to a good DUI attorney. Good luck Michael Phillips

What are the advantages of hiring an attorney over deal with the case myself other than not have to show up in cour? Please help

If there is a possibility you can be sued for the accident, or if anyone was hurt, you should consult with an attorney immediately. However, assuming it was only a fender bender and your question deals with the traffic ticket, it is probably cost prohibitive to hire an lawyer just to fight a ticket. Nolo press has a good book on how to fight traffic tickets. Since you said 'It was your fault' you might just want to pay the ticket. If you call the court clerk they can tell you how much the fine...

How can I get my car back from impound sooner than 30 days?

The statute gives the police discretion whether or not to release the car early. Every time I have gone to the police department with proof the car was registered to someone else ( i.e. not the person driving on a suspended) the car has been released early. Given the high cost of impound fees and airfare, it might worth hiring a local attorney on a hourly basis to make the pitch. Good Luck Michael Phillips Nevada City, CA

When can I get a DUI expunged from my driving record?

Unfortunately, under California's new law dealing with DUI expungements you will have to wait. A person is ineligible for expungement under a number of conditions- some that seem to apply to your situation are: on probation or convicted for a new offense; owes any fine or fees to DMV. When you complete probation on the new offense it might be worth discussing in more detail with a DUI attorney. Best regards, Michael Phillips Nevada City

Has anyone heard of somebody getting the license back in regards to newly passed senate bill SB598?

Unfortunately, no. The law doesn't take effect until next year. However, depending on the county you are in you might consider continuing the case as much as possible. With the holidays around the corner courts are starting to schedule matters in early January. best of luck Michael Phillips Nevada City

Will my license be taken away on my second dui?

In CA a second DUI conviction carries with it a two year suspension ( no legal driving for the first 12 months and a restricted license ONLY after completion of 12 months of the 18 month class) The good news is that low BAC cases like yours are ( obviously) the better defense cases. You should consult with a Good DUI attorney immediately. Also, you need to call the DMV within 10 days of your arrest and request a hearing to save you license, otherwise it will be automatically suspended. Best...