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David Patrick Vaughn

David Vaughn’s Answers

145 total


  • How long the term for this?

    Hello I have a good friend who crashed his car due to him and his friends were drunk and my friend curved the wrong way on the road and one of the people in the car flew out the window and passed away the others were hurt and air lifted out. my fr...

    David’s Answer

    This sounds like your friend has been charged with a "Watson Murder," which carries a sentence of 15 years to life in prison. The crime is named after a case, People v. Watson (1981) 30 Cal.3d 290. Your friend needs a very good criminal defense attorney.

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  • Do any of you know if my felony can be lowered? I also dont want to go to county. Im in highschool and want to graduate.

    I got scared and ran from the police on my motorcycle. I only ran for a mile and then pulled over. Im not a criminal i just did the wrong mistake. Its a felony for what i did. Its also my first offense never been in trouble. I need help im afraid.

    David’s Answer

    Yes, depending on the facts of your case it may be possible to reduce your evading case from a felony to a misdemeanor. "Felony evading" is a violation of California Vehicle Code section 2800.2. Even though it is called "felony evading", it is possible for a 2800.2 to be reduced to a misdemeanor. In addition, evading can simply be charged as a misdemeanor (section 2800.1). Since you are a first-time offender, you probably have a good chance of getting a reasonable resolution to your case. In addition, there are specific things the prosecution needs to prove in order to establish that you violated the evading laws. You should talk to an experienced, local criminal defense attorney ASAP, many of us provide free consultations -- just use the "Find a lawyer" feature. Good luck!

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  • I need a quick dui defense - it was a complete accident

    i ordered a gram of phenazepam online from happy chemist a couple of years ago and had lying around my house so one day i ate a tiny bump and i black out so decided stupidly to eat the whole gram 1000 doses of phenazepam which i think made me pass...

    David’s Answer

    You are right: you need to talk to a local DUI attorney ASAP. There may be a lot of different ways to handle your case. Here is a link that might answer some of your preliminary questions: https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dsalcohol Good luck!

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  • IS THIS COMMON OR SHOULD I FIGHT THIS.

    PULL OVER FOR DUI TOOK PAS CITED FOR DUI AND DRIVING WHILE INTOXICATED. TOOK LICENSE AND RELEASED ME TO DRIVE HOME. NEVER TOLD ME WHAT I BLEW. NEVER WAS ARRESTED

    David’s Answer

    ASAP you should consult a local attorney who regularly handles DUI cases and DMV hearings. Here is a link that might answer some of your preliminary questions: https://www.dmv.ca.gov/portal/dmv/detail/dl/driversafety/dsalcohol Good luck!

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  • Does this mean they can still file against me? What should I do to find out what is going on?

    Got arrest for a third DUI 2 years ago. I went to court and they said they couldn't find anything. Iv looked up my name on multiple sites and can't find anything either.

    David’s Answer

    Your case may have fallen through a crack in the criminal justice system, the prosecutor's office may have reviewed the police's evidence against you and decided not to charge you, or there may be a warrant for your arrest. A regular DUI is a misdemeanor, which means that the prosecutor has only one year from the date of the offense to file a case against you. (California Penal Code section 802). There is the possibility that the case was filed against you but you did not receive notice, which would mean there could be a warrant for your arrest. In Los Angeles County, you can search the court's criminal case index online: http://www.lacourt.org/criminalcalendar/ui/. You might also want to ask an attorney to find out whether there is a warrant for your arrest. Good luck!

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  • I would like to know if I am even being given correct information.

    Originally, I had an out of state DUI in Arizona from 2007 and an instate DUI last year. I was obviously charged with two DUI's with the DMV however I sent the DMV a judgement set aside from my Arizona DUI. The DMV accepted my paperwork and reduce...

    David’s Answer

    Since you are running into a bureaucratic brick wall at the DMV, you should consider talking to a local attorney who handles DMV hearings and DUI cases on a regular basis. Good luck!

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  • Can the sheriff dept. File a complaint against you?

    I received a letter which said "a complaint was filed charging you with possession of a controlled substance for sales 11378 h&s" Gave me a court date in different court building than the one I had to go when was realesed why would this happen ?

    David’s Answer

    The way it works is that a deputy sheriff takes their police reports to the district attorney's office and asks the district attorney's office to file a criminal case against you. It is the DA who actually files the case in court. Talk to an experienced, local criminal defense attorney ASAP. Good luck!

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  • Because I drive for work and, if my employer checks my DMV record, what will they see? Can I tell them that charges were voided?

    I plea bargained a wet wreckless in CA and my attorney was able to help me keep my DL through a helmandollar Plea which resulted in my conviction with the DMV being 'set aside'. I am worried about the impact this will have on my current employment.

    David’s Answer

    To find out what your employer will see on your DMV record, you just need to go to the DMV and request a copy of your driving record. Here is the part fro the DMV website:

    How to get a copy of my DMV record

    Your DMV record is available to you during normal working hours. You may obtain a copy of your California driving license/identification card and/or vehicle/vessel registration information by:

    Visiting your local DMV office (make an appointment(s) for faster service)
    Showing identification
    Paying the fee

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  • Do the sheriff seize what is written on a search warrant ?

    There was a search warrant issued in my home but they didn't take my electronic devices, sim cards as mentioned in search warrant why is that?

    David’s Answer

    First off, you need to call an experienced, local criminal defense attorney ASAP. Having a search warrant served on your home is very, very serious. Secondly, the police do not have to seize everything that the search warrant allows them to seize. Instead, search warrants usually contain a lot of standard or "boiler-plate" language that is designed to make the search warrant broad enough that the police will have the legal right to seize the items they really want to seize. Good luck!

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  • Do you have to become a CI?

    When being booked sheriffs offered a deal that they would release in an hour & there would be no court date & Case would not be filed because person agreed to be a CI & give up 3 people. The person was released until next day , did have court 2d...

    David’s Answer

    He can decide that he does not want to be a confidential informant. If he signed a cooperation plea agreement -- which it sounds like he did not -- he would face consequences for failing to comply with the signed plea agreement. In addition, even if he did sign a cooperation agreement, the leniency he was supposed to receive in return for his cooperation will likely be withdrawn. He needs to talk to an experienced, local criminal defense attorney ASAP. Good luck!

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