Skip to main content
Robert Louis Miller
Avvo
Pro

Robert Miller’s Answers

469 total


  • Is there a special point system with my restricted license or can they revoke me with just one speeding ticket?

    I have an interlock device and a restricted license in Colorado. I had 2 dui's 8 years ago and a colorful driving history. No points on my record in the last 3 years but just got my license back with the interlock last July. I just recieved a s...

    Robert’s Answer

    Thanks for your question. In Colorado, if you accumulate too many points, as an adult over 21, you can lose your license if you go above the following points:
    12 points in 12 months.
    18 points in 24 months.

    A DUI is a 12 point violation, but something like a speeding ticket is a 1 to 12 point violation, depending on how much above the limit you are. So if you had a DUI, plus something else, you can be revoked. The fact that you are restricted doesn't change that.

    See question 
  • DUI--- does a jail time stay on my record ?

    I have an option to pay the court fees ( DUI ) or go to jail for several days. If I choose the second option, will the jail time stay and be visible on my record?

    Robert’s Answer

    Thanks for your question. Usually, yes, jail time appears on your criminal record on your rap sheet, under your punishment. With jail for fines, it may not show, depending on how the court enters your sentence. It will not show up on your driving record for any reason whatsoever. The jail time may not be as big a deal to a potential employer looking at your record as the conviction itself.

    See question 
  • Can she still be charged with an DUI?

    I have a legal question regarding a possible DUI in Santa Ana CA. My GF was involved in an unfortunate accident, in where she was knocked unconscious for nearly 30 min. The details around the accident are daunting so won’t go into too much detail....

    Robert’s Answer

    Thanks for your question. The answer, as others have noted, is that yes, your girlfriend can still be charged for DUI.

    The prosecution can file charges for almost anything, but under these facts she definitely could be facing charges for a drug or alcohol DUI, or impairment.

    She has defenses, though, and I would recommend asking a DUI lawyer about their more detailed assessment. All the best to you both.

    See question 
  • HOW do I ADVERTISE and GET REPRESENTATION in view of Attorney referral services and calling many lawyers.

    My bank is closing my accounts. I am a disabled individual. Is there any way to easily and quickly find a lawyer to STOP the closure first and/or help get restitution for the retaliatory actions in lieu of giving me the facts or investigating the...

    Robert’s Answer

    Thanks for your inquiry. You can send an email focused to the lawyers in the area you need representation for, or use other, similar services, like this one, to mass contact many lawyers and get responses.

    The more detail you document your problem with, and what you are seeking (and any efforts you've made to date), the more effective you will be in finding exactly what you need a lawyer to do for you. All the best.

    See question 
  • Know i asked my public defender what does conversion-dependency mean? He stated "I have no time now". what does it mean.

    currently have a case with CPS. Charged with failure to provide adequate medical care due to the fact. that i wanted my child to be evaluated by a specialist in that specific field of his diagnosis. I requested a authorization for Pulmonary and im...

    Robert’s Answer

    Thanks for your question. It sounds as though you have a W&I 700 case regarding your children in dependency court. Your question title is what conversion dependency means. Your case is in dependency court, so the court is going to decide, after hearing evidence from all sides (including minor's counsel) as to what is in the best interests of the child.

    Stating you have no time now might have referred to the fact that public defenders don't typically have much time to spend discussing your case (at that moment), or it may mean you've lost custody credits for some reason.

    It sounds as though you need a full discussion of your case with your public defender. All the best.

    See question 
  • If my DUI case was already dismissed but I am a minor, where do I stand with DMV and getting my license back?

    I got arrested for DUI with a BAC of .09 but I am a minor. I plead not guilty and my case was recently dismissed in court before the trial had even began.

    Robert’s Answer

    Thanks for your question. You are fortunate to have a dismissal in court. The DMV is separate, and they have jurisdiction over your driver's license. If the police followed procedures, they should have confiscated your license and given you a notice of your rights regarding having a DMV hearing. The request for a DMV hearing has to be made within 10 days.

    I can't say for sure, but I am assuming you missed this deadline. In that case, your license as a minor would be suspended for one year. That's a hard suspension, but since you are under 21, you would be eligible to apply for a critical need restricted license, and, if granted, that would allow you to drive under limited circumstances for specific purposes.

    See question 
  • Im this scenario what should he do ?should hw settle the la case already or will orange county respond back quick?

    my husband has been incarcerated since october of last year. he picked up this new case here in la county and hes on probation in orange county. his attorney os trying to get in contact with orange county to see of they can give her an answer to s...

    Robert’s Answer

    As others have noted, that's almost impossible to speculate at. A probation violation gives the judge the right to sentence up to the maximum for the original charges he was placed on probation for, minus any custody time already served on the case.

    Without knowing the charges, or how much time he has credit for to date, the range can't even be guessed at. In addition, most lawyers would want to know who the judge is, and may know what the judge typically grants, or how the judge treats similar cases, and would want to present all mitigating evidence, to lower the time for the probation violation in all ways possible. All the best to you.,

    See question 
  • Is this letter a legal, binding document? There is no mention of needing to verify anything before payment is made.

    I have a letter from a previous employer that clearly states I am vested for a specific amount in their pension plan. I had even been offered a buy out a few years ago which I passed on because of the amount stipulated in this letter. The previo...

    Robert’s Answer

    Thanks for your question. When you say "this letter", and ask for an opinion without providing the letter, most attorneys will automatically want to look at the exact wording of the letter to provide an opinion. As a result, the answer is "it depends". If the letter clearly states vesting, as you've stated, then you're in a good position. If another letter amended or changes the first letter, that may affect the opinion. If they are going to grant you the pension, but just need information, then the letter may be irrelevant.

    I would recommend sitting down with a lawyer who can review all your documents and give you a more precise opinion based upon exactly what documents you have.

    See question 
  • Why are correctional officers not included in the peace officers who have the cancer presumption?

    Correctional Officer diagnosed with brain cancer. An attorney I spoke with says Correctional Officers do not fall under the cancer presumption as other peace officers do in order to file as worker's comp.

    Robert’s Answer

    • Selected as best answer

    The the William Dallas Jones Cancer Presumption Act of 2010, which is made law in Labor Code §3212.1 (amended January 2012), applies to all of the following:

    "(4) Peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities."

    Because it mentions qualification under those code sections above. Section 830.2, for example, defines as follows:
    " (d) (1) Any member of the Office of Correctional Safety of the
    Department of Corrections and Rehabilitation, provided that the
    primary duties of the peace officer shall be the investigation or
    apprehension of inmates, wards, parolees, parole violators, or
    escapees from state institutions, the transportation of those
    persons, the investigation of any violation of criminal law
    discovered while performing the usual and authorized duties of
    employment, and the coordination of those activities with other
    criminal justice agencies.
    (2) Any member of the Office of Internal Affairs of the Department
    of Corrections and Rehabilitation, provided that the primary duties
    shall be criminal investigations of Department of Corrections and
    Rehabilitation personnel and the coordination of those activities
    with other criminal justice agencies. For purposes of this
    subdivision, the member of the Office of Internal Affairs shall
    possess certification from the Commission on Peace Officer Standards
    and Training for investigators, or have completed training pursuant
    to Section 6126.1 of the Penal Code."

    As a result, the answer to your question depends on the training and exact position of the correctional officer. Most would be included in the cancer presumption. Don't be afraid to get a second opinion, and all the best.

    See question 
  • Does my husband have. lawsuit against the sheriffs department? or against this deputy ?

    my husband was arrested last year . the deputys that arrested him did some dirty things to him. one deputy started to pick a fight with my husband . he told my husband to get out of his vehicle and said to come pick a fight with him . when my husb...

    Robert’s Answer

    Thank you for your question. As others have stated, your husband would need to show damages, or how this has affected him financially, to prove damages. Certainly, you have a complaint, and a possible internal affairs investigation against the officer. For a civil lawsuit, the sheriff's department is considered a government agency, so you only have six months to file a claim against the agency for damages, before you can sue.

    See question