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David Philip Shapiro
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David Shapiro’s Answers

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  • How do I defend against this, what are my options

    Charged with 1st dui and gbi. I have a prior record 1 in 2009 and 1 in 2014 felony cases. The DA has filed a nickle prior do to my prior record. I have never had Dui before

    David’s Answer

    Hire the best, locally experienced, criminal defense attorney you can afford...and quick.

    Good Luck!

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  • Do I need a lawyer for this? If so how much should I expect to pay for this service.

    Had a wet reckless misdemeanor on my license, I want to get it expunged or "set aside". I'm off probation and it was 3+ years ago

    David’s Answer

    PC 1203.4 relief will neither clear your DMV record nor will it effect the 10 year priorability of your conviction in criminal court.

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  • Is this possible?

    I have a similar situation. I was arrested for domestic violence and posted bail through a San Diego based bail bonds company. About 5 days after being bailed out, I received a statement from the San Diego County Sheriff's department notifying m...

    David’s Answer

    • Selected as best answer

    Report the attorney to the state bar if you are 100% sure she threatened to have your license suspended solely for not paying the bondsman. That's not true and disgraceful.

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  • When will my suspension begin?

    I handled the DMV hearing on my own. I just found out my license will be suspended beginning mid-May. I am leaving for an internship next week. I am coming back mid-July. I need to drive as soon as I get back. If I get a restricted license in ...

    David’s Answer

    Addressing just the DMV suspension as a result of the lost DMV APS hearing, in which you represented yourself, your license (assuming a first time DUI within 10 years and you are over 21) should be suspended for 4 months....after 30 days of which you would be eligible for a restricted license provided you obtain/maintain SR-22 insurance, pay a $125 reissuance fee to DMV, and show DMV proof of your enrollment in a 3 or 9 month (depending on the BAC level) DUI program.

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  • HOW MUCH TIME COULD I GET IN PRISON IF I DECIDE TO GO BACK TO U.S??

    I WAS SENTECED 27 MONTHS IN JAIL FOR CROSSING DRUGS TO THE US. AND I WAS SENTECED TO DO 4 YEAR PROBATION. I VIOLATED MY PROBATION BECAUSE I CAME TO MEXICO WITH OUT MY PO'S PERMISSION . ITS BEEN 2 YEARS SINCE I LEFT THE US, HOW MUCH TIME COULD I GE...

    David’s Answer

    At least 27 months, if not the maximum you could have received for the charge you were convicted of.

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  • Could the DMV still refuse to give me a license after it's off my record?

    I was arrested for a first time DUI in March of 2006. The DMV has refused to reissue my license since then, but since DUI only stays on your record for 10 years, would I now be able to have my license reinstated?

    David’s Answer

    DUIs are priorable for 10 years. They ALWAYS stay on your record.

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  • If you are arrested for possession but never taken into the station just cited and released do you need to be read your rights

    possession

    David’s Answer

    Miranda rights are only required to be read if you are subjected to interrogation while in custody.....and the prosecutor wishes to use any incriminating statements made during that time period. The remedy for a Miranda violation is not outright dismissal, but rather that the prosecutor cannot introduce into evidence any statements allegedly made after the time you should have been read your rights.

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  • Im wondering if the DUI could still be prosecuted by the DA because I have read that they have one year to file for DUI,s in CA.

    1st I was in a car accident the night of thanksgiving, last year. I was taken in ambulance to the hospital. My BAC was .144% I was the only one in the car and did not hit anyone. The DA decided not to pursue charges. Then 5 months later I have rec...

    David’s Answer

    You can be charged with a misdemeanor DUI within 1 year from the date of incident.....irrespective of whether or not you have other, seemingly unrelated, matters pending in the courts.

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  • How can I lower my fine if I get charged for DUI? Is there anyway I can fight for this case? What should I do?

    I got pulled over for I guess speeding but I slowed down as soon as I saw a cops but they still pulled me over, I got charged for DUI, the officer ask me if I was drunk then I said no twice but they were scaring me and so I told them that I had fe...

    David’s Answer

    Lowering your fine should be the least of your concerns if charged with a DUI. .09 is a relatively low blood alcohol content so you might have a strong defense to the charge(s). Retain a quality, locally experienced, criminal defense attorney ASAP and make sure you call to setup your DMV APS hearing within 10 calendar days of your arrest.

    Good Luck!

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  • Should I go to court and explain why I can't get a license? What happens if I [pay the fine and get pulled over again?

    I have been charged with a violation for not transferring my out of state (WA) drivers license over to California (Violation Code: 12500A I). I am currently at the beginning stage of adjusting my immigration status. An employee at the DMV, DID NO...

    David’s Answer

    Guilty with an explanation is still guilty. The good thing is a VC12500 is not a "pointable offense" with DMV. However, the next time you might not be so lucky to get cited for an infraction and could, technically, be charged with a misdemeanor VC12500 offense.

    Consider retaining a quality, locally experienced, defense attorney to assist. Good Luck!

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