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DMV hearing was not closed after two DMV hearings, CHP officer did not appear after being subpoenaed 2 times. now criminal court dismissed the case. DMV said we need another hearing. Still on temporary license.
When a case is dismissed I court, the DA can sign a form called a DS702, that says they dismissed the case for certain reasons. And then if DMV suspended after your DMV hearing, that form can allow you to try and reopen the DMV hearing.
But...sadly this is NOT to say that a DA will fill out this form, or that even if the hearing is reopen, that you'd win the DMV hearing. Crazy, I know. But the DMV hearings have a different level of evidence they need to prove their case, and they have strong presumptions they can rely on to prove their case.
However, if DMV subpoenaed the cop, that usually means there are issues with the reports. So a question is why the cop didn't show up and whether DMV can show "good cause" to continue the hearing in the first place. Lots of law here to dance with.See question
Was in accident ,got taken to hospital. Had a bunch of test . The police officer took license and gave me pink slip,but never took me to jail or gave me a citation,What do I do?
You'look probably get a notice of the arraignment date in the mail. But fingers crossed it slips through the cracks and the prosecutors maybe don't receive the reports..
As Mark said, because the cop took your license and gave you the pink slip, you have 10 days from that date to request a DMV hearing.See question
I blew under the .08 but I was still arrested for a dui and submitted to a chemical test where I still blew under. And when I was arrested he did not read me my rights. I was also already pulled over CHP was the one who arrested me
I'm assuming this is the same person from the last question I just answered. Usually the DAs in San Diego don't care too much about there not being Miranda warnings. And the law in CA is not good for the defense in this area of DUI (because it's usually seen as just a traffic stop and detention for all the DUI questions instead of an actual arrest interrogation).
So, while it probably won't be the cause of getting charges dropped or reduced, it sometimes can play into trial. Sometimes the jurors really care about this.
For your case, from what I know, this may be an argument to try and get any statements about you feeling sick suppressed...but I'm assuming this will be a tough argument to try and suppress those statements. Having said all that, there are still things to argue, either for trial or for negotiations.See question
I was arrested for a dui, but I blew below a .08 I wasn't pulled over because I was driving recklessly. I was already pulled over and because I felt bad. I figured it was from alcohol from last night and having no food so I MADE myself throw up. T...
There's more to understand with your case, but assuming this is a first offense, in San Diego, they would usually at least offer you a wet reckless reduction with facts like this.
But please understand there are two charges with a DUI: being under the influence at the time of driving, and being a .08 or more at the time of driving. From what I understand, there may be good arguments for the .08 charge, but there's a very particular way to approach the under the influence charge. The driving isn't bad driving per se, but it will depend on how the police report reads and what the video shows, if there is one (e.g., if the cop says your speech is slurred, etc) and how they say you performed on any field tests (if you did any). And if you told the cop you pulled over for feeling sick.
Lots to get into, but hope this helps. Assuming a wet is offered, there may be questions as to whether you'd have a chance to beat all the charges and if you'll beat the DMV hearing too (lots to consider there, especially depending if you did a field sobriety test breath test before arrest).See question
If you are in the car with a driver that is under the influence and you already have a dui, would you also get a dui? This is what the people at my dui program are saying.
I agree with everyone else here: not unless the prosecution can prove beyond all reasonable doubt that you were "driving." And CA defines driving as making "the vehicle move volitionally."
I've heard so many people say this from being in the DUI classes. I wish they'd stop teaching these wrong statements of law.See question
I got a DUI but I wasn't really drunk. My BAC reported was .10 which i know legally is considered drunk. My question is for my court date which is in December. Since is my first DUI (Im 36 years old).. would u advice me to ask the judge to change ...
There's a lot more to dive into with this question. First, assuming the BAC is a valid test, understand the .10 is actually interpreted as a range of numbers. Depending on the 3rd digit, it may be a .09 - .11.
Now, those ranges are over the .08 legal limit, but the question is what was your BAC at the time of driving, in addition to whether you were "under the influence" at the time of driving. So the driving and any field tests can also play a part in this question, as there may be facts that support that you were under a .08.
Ultimately, it depends on what you'd want to do with your case. Depending on the driving, you may have a shot at a wet, but there may also be good arguments to shoot for something better or take your case to trial and beat the charges all together.
Lots to consider. Let me know if you have more questions.See question
I went to court and resolved a 2nd time DUI. I had a low blood alcohol level and due to being cooperative I got a break and had fair terms. I heard I do not have to wait the year out for the suspension and can get a restricted license if I get th...
The short answer: If you get the IID restricted, you first wait 3 months from the start of the DMV hearing suspension, then you keep the IID in your car for the rest of the 2 year suspension. Things may be different if this offense was a probation violation from the first offense, or if you got a wet reckless on this new one.
The much, much longer answer:
For a second DUI within 10 years, DMV suspends your license for two years (California Vehicle Code 13352(a)(3)), although as long as your conviction did not include the use of drugs and you were only under the influence of alcoholic at the time of driving, you may apply for a restricted license by:
Either 1) waiting one year suspension first AND completing 12 months of the Multiple Conviction Program, or 2) waiting three months suspension; AND
-Installing an ignition interlock device (IID) and submitting a Verification of Installation (the IID company should know how to do this), and calibrate the IID once every 60 days (California Vehicle Code 23575(g), 13352); AND
-Enrolling into the 18-month (or 30-month if ordered by the Court) Multiple Conviction Program; AND
-Filing an SR22; AND
-Going into DMV to apply for $125. To save time, make an appointment online. Make the appointment about a month out, because the DMV system is super busy.
See California Vehicle Code 13352(a)(4).
The non-IID restricted license only allows you to drive 1) to/from/for work and drive to and 2) to/from activities required in the driving-under-the-influence program (ie. DUI driver class). California Vehicle Code 13352.4(c).
However, the IID restricted license allows you to drive anywhere you want (not just for work and DUI classes). Police may not know this though, and if you get stopped, you can explain to the officer that Senate Bill 598 addressed this issue and allows you drive with the only restriction being you must have the IID. If you want documented proof to show, you can go into the DMV and purchase an H6 Form for about $6. That will list all restrictions on your driving ability, and the only restriction should be to have the IID.
You can only drive a car that has the IID equipped. Veh. C 23575(f)(1). However, as long as you’re not the owner of the business, you can drive as an employee without putting an IID into the company car. You just need to jump through some hoops. First you need to notify your employer your driving privilege has been restricted per Veh. C § 23700. Then you’ll need to fill out the DMV form “DL 923” and keep it in the company vehicle or in your possession. You can go into DMV to get the DL 923 form, or request it by calling DMV at 1-800-777-0133.
There are a few IID companies in San Diego. Here’s one provider: Smart Start, 8280 Clairemont Mesa Boulevard, #145 San Diego, CA 92111, (858) 874-2585.
I got DUI in Oct 2012 (got standard penalty), 2nd DUI in Jan 2015 (high BAC for all DUI's), and got house arrest, and other things. Then in July I got 2 more DUI's in 17 hours. I sold my car, got into a residential treatment center, and am await...
It's a frustrating answer...but the answer is "it depends." It depends on which Judge (or Judges since you're dealing with...and whether they find out about the other cases. Also depends on the prosecutor(s). Sounds like you're taking things seriously with the treatment, and that can help with trying to negotiate probation instead of custody. It depends on how long the treatment is, and the plans for post treatment (doing SCRAM alcohol bracelet, AAs, etc.), if you have any other criminal record, etc. Because there is no other criminal record, sometimes it can be argued that you're just dealing with an addiction, and we want to treat the problem source instead of imposing jail.
Of course, there may be scientific or legal defenses, but you can chat with your current lawyer about those. Good luck, I know all this is beyond stressful.See question
La Mesa. Left brewery on Spring St. Right on University into wrong lane, going against traffic. LMPD had 3 cars on me immediately as their parking lot is right there. No accident, no injury, no passengers. Didn't pass field sobriety, J. Abbot ar...
I'll give the same thoughts as I gave on my other post:
At 72 years there can be some medical issues that may affect a chemical test rest. Examples: if you have false teeth/denture/etc, that can affect a breath machine because the air you're blowing into the machine may be picking up any pockets of alcohol, and pushing that into the machine. Also, depending on what type of breath test it was (again if you did a breath test), it may not be able to flag that contamination alcohol. Another example: if you're on any kind of blood thinners, that could thin your blood (obviously) and falsely inflate/overreport what your actual alcohol level is.
Would need to know what you drank, what types of alcohol (because drinks have so many different %'s of alcohol), if you had eaten, etc. All that factors into trying to estimate what your actual, true BAC was at the time of driving.
Also, your witnesses may be able to help, if they can say how you were acting (ie. not impaired), and if they saw what you drank.
Of course, you can just walk in and plead guilty just to be done with it. It's really up to you if you want to spend the time and money with the case to dive into some of these issues.See question