Driving without a license
As with other attorneys who responded to your post, I would agreed that the judge will find out about your violation of Informal Probation.
I suspect that you previously received the customary 3 years of Informal Probation for a Misdemeanor Driving Without License and a fine for about $500. If the new charge is for a new MIsdemeanor or Felony, then the Judge could sentence you jail time for the probation violation.
However,if the new charge is an infraction or just a failure to pay the fine, then there is good chance your attorney could arrange for the court to not violate your probation.
Further, if you have obtained a license or can get a license make sure to let your attorney know of this fact and present the license at your new court hearing.
Should you like further information, please contact myself.
Orange County Criminal Defense Attorney
The officer wrote me a ticket for 12505(c) driving in CA without CA license and wrote it was fixable. When I went to the court to pay they told me if was not fixable and the officer made a mistake. Is this a valid reason for dismissal?
VC 12500 is a lesser charge that pertains to driving without a valid license. Most often, I see the officer will write the ticket as a Misdemanor. However, most often the courts in Orange County will reduce the charge to an Infraction with a fine upon presentation of a Valid License.
The violation 12505(c) pertains to residency and the requirement of obtaining a license within 10 days of establishing residency.. Even so, I do not believe the mere fact that the officer stated it is fixable which it is not will be grounds for dismissal.
Should I be of further assistance, please contact myself.
Criminal, DUI & Traffic Attorney
I am enrolled in 3 month DUI school.. I saw my instructor taking notes like who is responsible, participating, who is answering..i mean just formal, nothing special while we watch videos But my question is, do they have authority to make any ...
i would agree with Attorney Maddox, there does not appear to be a concern at this time. Normally, the court or the DMV can only impose a longer period of time for DUI classes.
Further, I would proceed to have 30 days enrolled in the classes and 30 days of hard suspension of your license, then proceed to apply for the customary Restricted License with DMV.
Lots of luck to you in this matter.
Orange County DUI Attorney
As the other lawyer mentioned in my first question 3 mons for first offender.. my bac is .16 ...even though i have clean record and first time, i will get 9 months in orange county? i am going to orange courthouse..and my DA is bodly and oli...
I would echo Attorney Maddox's excellent post as to the Levels 1-3 of Alcohol Treatment Classes and having an attorney in your corner fighting for a 3 month classes with even .16 is possible.
You may want to have your attorney also offer a donation to the Victim/ Witness to sweeten the offer for a 3 months instead of 6 months of classes.
I have had a very positive experience with Deputy District Attorney Julie Oliver, Santa Ana Court, and I consider her to be fair and reasonable. In one case with Ms. Oliver, I was able to get 3 months instead of 6 months with a donation as suggested above. However, each case contains different facts which would/may alter the outcome.
If you like more information, please contact myself.
Lots of luck with your matter.
Orange County Criminal & DUI Attorney
I am going for my restricted license on this monday....do i have to take any document(that pink sleep or anything).... SR-22 and enrollement is filed already.. so i just take with cash or credit card?
Although you believe that both your SR 22 and Proof of Enrollment are already filed, I would suggest that you bring copies of both in case there has been some oversight by the DMV.
Additionally, it must be established that yiour license has been suspended for at least 30 days.
You should have received a letter from the DMV, Notice of Suspension. Just in case there may be an issue as to when your license was suspended, I would also bring a copy of this letter as well.
Finally, you need to be able to pay for the DMV fees, be prepared to tender their fee.
Best of luck with your efforts to obtain a Restrictive License.
Orange County Criminal, DUI, and Traffic Defense Attorney
i got a ticket like a month ago for turning right on a red light without stopping and i was wondering if i hire a lawyer will he be able to fight the case to reduce the price of my ticket so i could save up money
I have frequently observed that the resolution of this type of ticket, including a possible reduction in court fines, is much different when an Attorney appears in court. An experienced traffic attorney can sometimes get the ticket dismissed, alternatively arrange for the officer to change the ticket on the day of the trial to a Non-Point Violation, or if all fails get the court to award traffic school even on the day of trial.
All of which could also result in a possible fine reduction. Hence, an experienced attorney who regularly practices in the court where one's ticket is filed can make a significant difference.
I practice in the Newport Beach Court on a regular basis, mostly every day.
Please feel free to contact myself, if you would like further information.
Best of luck with you court case.
Orange County Traffic, DUI and Criminal Attorney
does a police officer charge you to sign your ticket after it is corrected and if so, how much do they usually charge? also how much does the court fine you for that?
The fine with court penalty assessments will be in in the rage of $150-175.
The CHIP will not charge, but the Orange County Sheriff will. Suggest you go to any California Highway Patrol Substation.
Good Luck with your matter
Richard L. Grant
Orange County Criminal, DUI & Traffic Attorney
I had a 2nd DUI arrest in Orange County, CA in July 2011. The DMV suspended my license for one year, which began on Thanksgiving. The court case is still not settled. Can I apply for a restricted licence after 90 days from the DMV suspension or do...
Your posted question is something I am quite familar. Recently, I was informed by the Irvine DMV Public Safety Office that one has to wait until there is a gulty plea received, conviction entered, and 90 days has passed after this conviction to apply for a Restricted License as to a Second DUI.
I would also agree that Orange County is the toughest county for DUI cases. On a Second Dui, the District Attorney will push for 60-90 days of county jail time. I would highly recommend you consult and hire an experienced DUI Attorney who regularly practices in the court you case is being heard. Such an attorney can make a difference in the outcome of your case.
If I may be of further assistance. please contact myself.
Orange County DUI & Criminal Defense Attorney
I lost my DMV hearing and got 30 day suspension. My question is what would I need to get my license back: SR-22 form, I already enrolled in 3 month school is there anything else.? my court date is 25th Jan.
If this was your First DUI and lost your DMV Hearing, then suspension is for 4 months, not 30 days. Check you license suspension decision notice.
Once you are enrolled in a court approved alcohol program for 30 days and license suspended for 30 days, then you can apply for a restrictive license for 5 months.
I would also suggest that you hire an experienced DUI Attorney who regularly practices in the court where you case will be heard. Such an attorney can have a significant impact on the outcome of your matter.
Best of luck with your DUI matter.
Orange County DUI & Criminal Defense Attorney
I received a citation for talking on a cell phone while driving. I want to contest it on the basis that the speed and relative position of our vehicles and the lighting conditions made it impossible for the officer to differentiate between holding...
Although you can still request a trial de novo if your loose with a Trial By Declaration, selecting traffic school will have no significance or benefit because the cell phone violation is not a non-point violation. Hence, taking traffic school would not be recommended.
The represented facts you have posted may warrant proceeding to trial in this matter. However, most judges find the officer's testimony credible and enter a guilty verdict where the officer testifies that the defendant was merely holding the cell phone and not conducting a conversation on the cell. The court's having taken the position by just holding the cell phone interferes with the driver's attention and is a violation.
If you are going to contest this matter with a trial, it is always best that an experienced attorney who practices regularly in the court that your matter will be tried be retained to assist in the preparation for and conducting the trial to provide evidence to illustrate Reasonable Doubt and all applicable defenses.
If I may be of further assistance, please contact myself.
Criminal, DUI, & Traffic Attorney