Dorsett Michael Phillips’s Answers

Dorsett Michael Phillips

Nevada City DUI / DWI Attorney.

Contributor Level 8
  1. I Just got charged with A Drunk in Public while trying to make it home by a taxi cab. What are the penalties?

    Answered over 1 year ago.

    1. David Aaron Wiesen
    2. Lara Ruth Shapiro
    3. Gayle Anne-Marie Gutekunst
    4. Dorsett Michael Phillips
    5. Amber H Lunsford
    6. ···
    6 lawyer answers

    I agree with the other comments. The 2 key points to remember that PC 647(f) requires: First, that the person "was found in a public place". Depending on where you were waiting or if you had made it to the cab, you might not be in a public place. Second, that the person is so intoxicated that "they can not exercise care for their own safety". Thats more than just intoxicated. I practice in Truckee and see folks pleading guilty to this all the time just to 'get this over with ' when they were...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Private lawyer vs public defender

    Answered over 4 years ago.

    1. Dorsett Michael Phillips
    2. John M. Kaman
    3. Edward Jerome Blum
    4. Peter Francis Iocona
    5. David Wayne Willis
    6. ···
    6 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered over 4 years ago.

    1. John M. Kaman
    2. Amy Treanor Morell
    3. Dorsett Michael Phillips
    4. David Wayne Willis
    4 lawyer answers

    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

    1 lawyer agreed with this answer

  4. When can I get a DUI expunged from my driving record? How long before a dui can be expunged?

    Answered over 4 years ago.

    1. George Fredrick Mueller
    2. Amy Treanor Morell
    3. Edward Jerome Blum
    4. Dorsett Michael Phillips
    4 lawyer answers

    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

    1 lawyer agreed with this answer

  5. In California, I had five DUI convictions in the 1990s. What are my chances of getting an expungment or pardon?

    Answered over 5 years ago.

    1. John M. Kaman
    2. Dorsett Michael Phillips
    3. Jeffrey Pollock
    3 lawyer answers

    Mr. Kaman in correct. In California, DUI can be expunged per Penal code section 1203.4. However, as of January 2009, expungement is no longer mandatory, but is in the discretion of the judge. That said, I have never had a judge say no, so I think it is well worth your time and efforts to pursue. Most courts have the forms for free or they can be downloaded off the internet so you can do it yourself. However, most good DUI attorneys charge very reasonable fees for 1203.3 petitions and with a...

    1 lawyer agreed with this answer

  6. I got my first DUI and will be in court on the 23rd, when they say 48 h in jail what does that mean, will it be more or less h?

    Answered over 5 years ago.

    1. Okorie Okorocha
    2. Dorsett Michael Phillips
    3. Kimberly Keheley Frye
    3 lawyer answers

    Greetings, Many lawyers ( and judges too) think the 48 hours is mandatory, this is not accurate. However, as the other answers indicate, sentencing varies a GREAT DEAL from county to county, so you are best to consult with a good DUI attorney in your county. Today, almost all courts impose 48 hours actual custody for a first conviction. Some give credit for the hours a person was arrested and booked, some do not. Although technically a person is entitled to some 'good time' reduction in the...

    1 lawyer agreed with this answer

  7. How do i get a copy of blood test results

    Answered over 4 years ago.

    1. Dorsett Michael Phillips
    2. Kim C. Wollenberg Burgess
    3. Edward Jerome Blum
    4. Naveed Alam Quraishi
    4 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered over 4 years ago.

    1. George Fredrick Mueller
    2. Dorsett Michael Phillips
    3. Randall Lee Berman
    3 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered over 4 years ago.

    1. Dorsett Michael Phillips
    1 lawyer answer

    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...

  10. 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

    Answered over 4 years ago.

    1. Dorsett Michael Phillips
    1 lawyer answer

    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...