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Matthew Murillo

Matthew Murillo’s Answers

3,012 total

  • my daughter called 911 my husband was arrested . My husband has no priors. what is the likelihood that he wil serve time

    My husband and I were arguing as a result it turned into a shoving match the cops were called and he was taking it I did not press charges against him but once the police are called it's up to the police to either arrest or not arrest

    Matthew’s Answer

    Whether or not he does any jail time after conviction depends on a number of factors, including how much evidence the DA gas and what statements were made to the officers.

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  • I was arrested for DUI with Traffic Accident, do I really need an attorney?

    This would be my first DUI offence, however I was arrested for DUI with traffic accident. I want to know if I really need a DUI attorney ?

    Matthew’s Answer

    If you don't mind having...

    1) at least 2 points on your license
    2) at least a 6 month license suspension
    3) $2,000+ in fines
    4) 3-9 months of alcohol education classes
    5) jail time
    6) any other punishment the judge/DA may want to add.
    7) increased insurance rates resulting from DUI conviction

    If you don't mind all that, then no, You don't need a lawyer.

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  • Leased a 2016 Mazda and now dealership wants to redo the contract

    So on July 30th I signed a lease for a 2016 Mazda. A few days ago the dealership called me and said that they accidentally wrote the wrong residual value and now want to redo the contract. So is the contract void, cancel the deal and hopefully get...

    Matthew’s Answer

    Unless they reserved some sort of ability to revise it, within the agreement, they're out of luck. My guess is, if you called them 1.5 months later and said you were unhappy with the residual value and wanted to change it, they would say "No". Absent a provision authorizing them to do so, they have no cooling off period for such changes.

    Of course, this assumes the residual that is in there is not unreasonable - meaning, they typed it up as $23.99, if it clearly should have been $23,999.

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  • How can I get my license back after my first Dui 3 yrs later haven't gotten one???? 2100$ I cannot afford

    I received my First Dui 3 yrs ago... The fee is 2100 I cannot afford Completed everything they asked me to do but pay because of my license and my job consists of driving clients

    Matthew’s Answer

    Unfortunately, you're in a catch 22. In order to lift the hold on your license you need to pay the fine, as it sounds like your license is on hold because of the failure to pay. There's nothing that can be done about that other then pay the full amount of the fines. DMV and the court do not care that you need your license to work in order to make money. They simply want you to figure a way around it in order to pay off The fine.

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  • Got a job at a giant corporation, they will run a background check on me and I am curious if my past arrest record will show up?

    A giant corporation will run a background check on me and is asking me for consent, does that mean if i say Yes, they can go to the local police agency or sheriff to get my records? I am just curious. I had a run-in 5 years ago, booked, released, ...

    Matthew’s Answer

    It seems like every single one of your past posts on this exact issue has been answered. Is there a reason why you keep posting the same question? You're not going to get a different answer, just because you phrase your question slightly differently. You are effectively asking the same thing. The answers will remain the same.

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  • Can dmv override a judge in california?

    First dui.

    Matthew’s Answer

    With respect to what? Need more details to be able to give you any answers.

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  • Can my drivers' license record be updated after a dismissal of a DUI and a reduction in charges of a DUI down to reckless?

    I was arrested for DUI; it was dismissed due to video evidence proving I wasn't driving (VC23152 A &B). Both were dismissed. DMV shows I have a DUI. Can this be corrected by the DMV? Three months later, I was arrested while in my apartment for ...

    Matthew’s Answer

    I slightly disagree with Mr. Magana.

    While DMV will consider a conviction for a WET reckless a prior DUI, it does not do so for the purposes of the current suspension. So, if you get another DUI a year from now, that would be a second offense. But no license suspension is triggered by conviction for a Wet. However, although you were ordered to take alcohol classes, it is unclear whether you were convicted of a wet or dry reckless driving.

    ALL THAT SAID....IF YOU ARE STILL WITHIN 1 YEAR FROM THE DATE OF THE INCIDENT, you have a couple of other options.

    1) If you were able to get a "Not Guilty" finding (the minute order has to show that specifically), on the (b) charge, you can over-turn the DMV suspension (assuming its not based on a refusal) resulting from the DMV hearing.

    2) If you didnt get a "Not Guilty" on the (b) charge, you have a right to a renewed hearing. To be honest, i've come accross many attorneys that don't know about this. The only requirement is that the DUI was was dismissed or reduced. Now, DMV will try to say that you need to fill out a specific form and have the DA provide reasons why they reduced, before DMV will even consider granting the new hearing. That's complete BS. I've had many of these requests be granted.

    If you can follow option 1, you are fine and just need to submit the minutes to DMV to clear the DUI. If you follow option 2, you will be able to re litigate the case with the DMV, potentially presenting new evidence or testimony. Good luck!

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  • California DUI arrest and didn't blow. DMV suspends license for 1 year, are there any options for me?

    Arrested in Ventura County. I refused the breath test but agreed to the blood test. DMV sides with officer and suspends my license for 1 year. Do I have ANY recourse or options to drive? I'm a first time offender and I just can't believe th...

    Matthew’s Answer

    You MIGHT have some options.

    Did you represent yourself? Yes, this matters. What was the focus of the DMV hearing? Did the officer testify? Did you request a DMV hearing, at all?

    Generally, you have two appeal options. The underlying hearing, if you requested one, is extremely important to which of those two options is best - if either.

    1) DMV Departmental Review. This is a review purely based on the transcript of the hearing. No additional arguments are made. No additional evidence is admitted.

    2) Filing for a Writ of Mandate with the Superior Court. Like option 1, this is limited to evidence presented at the DMV hearing. However, you can provide supplemental arguments as to why the DMV failed to meet its burden and the suspension was improper.

    If you didnt request a hearing, none of these matter. If you lost the hearing, did the officer testify? If not, that might have been mistep number 1. Did you testify? If so, what about? Was the focus on why you need a license, instead of the actual law and sufficiency of the evidence to support a suspension?

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  • How can they charge when its not true

    Well my bf and i had an arguement he was drinking a beer next thing he throws the bottle I get up and instead of the bottle hitting the wall it hit me and split my head open he freak out becuase my sister started yelling at him it wasn't on purpos...

    Matthew’s Answer

    Your boyfriend needs a lawyer. You indicating you don't want to press charges means nothing to the officer, it is up to the DA when they decide whether to file charges - which they likely will do.

    That doesn't mean you are completely out, but expressing your request to dismiss the charges to the DA will help. You just won't be the final decision maker.

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  • What does it mean when bail is ineligible and "Detention Only" for PC273A(A)?

    my sister was being held on PC273A(A) charges, and we have been waiting to hear anything about her or her kids but nothing.

    Matthew’s Answer

    If she is ineligible for bail, and she has felony charges, my experience suggests it's one of two things at play.

    1) she may be released soon, and I in the process of being released.

    2) if she is undocumented, she may have an ICE hold. If that's the case, when she is released from custody, she'll be transferred to ICE custody - no matter how the 273 charge turns out.

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