Seth Andrew Weinstein's Answers (759)

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In southern California is a police officer required to advise me of the refusal consequences and then note down my response?

Seth's answer | Answered on April 27, 2013

The Officer is supposed to read the implied consent law. If the machine was broken, it is a legal defense to a refusal. You need to consult with an...

Archived

I recently got arrested for 2nd dui,,,Van Nuys court. Still on probation for first in Burbank.

Seth's answer | Answered on April 27, 2013

It is likely that Van Nuys will assume the Burbank Probation Violation. The other option is that Burbank will send you a court date. Since your 2nd...

Archived

I recieved notice from D M V stating a suspension was in affect for DUI, was never arrested, is this legal?

Seth's answer | Answered on April 26, 2013

DMV operates as a civil agency, not a criminal court. Therefore, DMV can take action against your license for an alleged violation even if the DA...

Archived

Can I get a failure to appear fine for a traffic violation waived if I have extenuating circumstances?

Seth's answer | Answered on April 23, 2013

Mr. Roberts is completely correct. An attorney is well worth the cost to clear the FTA and negotiate the moving violation to a non point...

Archived

What do you do if you have charges against you and you didn't do it and you can prove it?

Seth's answer | Answered on April 23, 2013

First and foremost, you cannot speak to any law enforcement officer or person affiliated with the former employer. If there is a warrant for your...

Archived

Unlawful arrest. (Resisting Arrest when I was not)

Seth's answer | Answered on April 23, 2013

You have an interesting set of facts. If your attorney can show in a Suppression Motion that he had no probable cause to arrest you, the Codeine...

Archived

I was arrested on/ /4/16/13, for criminal threats, can I ask the Police Dept for the report?? without an attorney?

Seth's answer | Answered on April 23, 2013

They likely will not release the report. In some cases, they release it to an attorney, but even then, not generally. Your attorney can contact the...

Archived

I was arrested for criminal threat on my ex husband, what happens if he doesn't show up to the court date?

Seth's answer | Answered on April 23, 2013

This all depends on several factors. First and foremost, if your husband has shown up to court and has been ordered back, he must appear or will...

Archived

I had an officer ask me 10 times if he search my vehicle i said no, but said is there something in car i said an empty pipe.

Seth's answer | Answered on April 23, 2013

Were you subsequently arrested and charged with a crime? Seth Weinstein, Esq. Los Angeles Criminal Defense Attorney (310)...

Archived

What are the possible consequences to the violation of PC 273.5 a when it is a misdemeanor?

Seth's answer | Answered on April 23, 2013

In addition to the penalties above, you may lose your California Professional License, have a presumption against you for Child Support and will...

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