A California attorney can appear on your behalf under Penal Code Section 977, as long as your case is a misdemeanor. If it is a felony, you must appear in court also. If you or your lawyer fail to appear in court, the judge will issue a warrant for your arres. -Mindy McQueenSee question
The arresting officer never checked any box stateing what my blood alcohol level was nor did he check any box on the status of my current lic. and last he never signed the ds 367 form. How can the DMV even proccess this without that information?
That should be a set-aside of the suspension, if you know what to argue. The DMV tries to subpoena the officers when they have failed to complete the paperwork-if you are representing yourself, the DMV should send you notice if they subpoena the officer. However, the DMV is really busy these days, still having to do the same amount of work each month, but with 3 fewer days to do it (they are furloughed 3 Fridays of each month). Therefore, they seem to be making more mistakes these days.-you would likely need an experienced DUI defense attorney to help you with the hearing. I can help you, so feel free to call my office. -Mindy McQueenSee question
on the field the officer didnt day what I my bac was. When we got to the station 30 minutes later my bac was .07. I filed a hearing with the DMV within the first 10 days and they set aside my action and returned my liscence. I still have court and...
The DMV set aside the suspension because your BAC was under .08. If you can't afford an attorney, you may qualify for the Public Defender. Depending on the facts of the case, you should be able to get a speed exibition or an infraction. It is not likely that you will be able to negotiate the best deal on your own, so be sure and get help from the Public Defender if you can't afford a private attorney. -Mindy McQueenSee question
I want to get this expunged for future employment.
Both the Hit and Run and the DUI convictions technically rule-out an expungement, but you can still get one if you can convince the judge that she/he should grant it "in the interests of justice." Hiring an attorney familiar with expungements will help ensure that the judge will grant the expungement. Also, I think that expungements are potentially much more valuable that one of these other attorneys has indicated. The fact is that if you want to travel to Canada (or a number of other countries), you will not be allowed to enter the country with a DUI conviction. Further, many people want to obtain an expungement for work-related reasons. If someone is interested in pursuing a career in law enforcement or as a firefighter, the conviction would need to be expunged. I have had clients who needed to obtain a top security clearance, so we had their conviction expunged. An expungement can be valuable in certain circumstances, and you would have the best chance of getting the case expunged with the help of an experienced attorney. -Mindy McQueenSee question
My first arrest was in Jan '04, the 2nd in March '07, and this 3rd was 2 days ago (Im still on probabtion for my 2nd.) I was fully licensed until 2 days ago. What is my worst case scenario without representation for jail time, ignition interlock, ...
Anywhere from 30 days (if you can get the "30/30" option approved--30 days in jail coupled with a 30-month alcohol school) up to 1 year in jail for the new DUI. Up to 1 year in jail on the probation violation (depends on how many, if any, prior probation violations you've had), plus fines and fees, interlock device, probation (5 years), etc. An attorney who specializes in DUI defense would likely be able to whittle down any jail time, and possibly get the 30/30 program for you (although not all judges will give the 30/30 program). -Mindy McQueenSee question
I was ticketed for DUI on 12/04/04 and 3/05/05 on 02/26/08 both cases were terminated early and dismissed. However just before on 12/18/07 I was pulled over and given a ticket for driving on suspended license with a court date of 02/12/08 but the...
Under the facts as you describe them, I believe the case can be reduced to an infraction or dismissed altogether. But I also think that retaining an attorney familiar with how these cases can best be handled would maximize your chance of a reduction/dismissal.See question
I am a 65 year old wife. I was injured in a slip and fall accident. All my medical bills were paid by my husband's health insurance, under the policy he has at work. Medicare made no payments. No liens have been asserted and my husband's priva...
From the information you have given, Medicare should not have been added as a payee on the settlement check. Because of recent revisions to the applicable law, which provide for severe penalties against parties (including insurers) who do not protect Medicare's reimbursement rights, some casualty carriers have started putting Medicare on all settlement checks issued to elderly claimants, apparently figuring that the insurer has nothing to lose and is protecting itself from potential liability to Medicare in the event Medicare does have some right to reimbursement. That creates delay and inconvenience for you and is therefore unfair to you. Now you must decide whether to forward the check to the Feds for endorsement and return to you, or simply insist on a new check that does not include Medicare. You should try to find out a realistic estimate for having Medicare endorse the check, but you may encounter a further obstacle if Medicare insists upon a "set-aside" for future medical expenses. Hopefully, that will not happen. Lastly, you may wish to consider threatening a bad faith claim against the insurer who issued the check to try to induce them to promptly replace the check with a new one without any reference to Medicare.See question
tonsils removed about 12 days prior to arrest, and there were two fairly significant holes in the back of my throat with alot of soft tissue exposed
I would need a lot more information about your case. My practice is based in Ventura County, and is limited to DUI and DMV hearings defense. You can visit my website at: www.venturacountyduilawyer.com.See question
My dmv hearing for a dui has been postponed twice already>should I pressure them?ask for the case to be closed. already it has been over 3 months
To answer your question regarding your DMV hearing--the DMV is likely postponing the hearing because they do not have to blood test results from the lab yet. DMV hearings are very complicated and you would do well to retain an attorney who specializes in DUIs and DMV hearings. I handle both Los Angeles and Ventura Counties-you can see my website at lacountyduilawyer.com.See question
Will I lose my driver's license if I'm under .08 BAC? If I've been charged with a DUI, will I receive notice. This is my first offense.
You may lose your license if you have a commercial drivers license; you should not if you have a regular, Class C license, unless you are convicted of a DUI in court. If you are convicted of a DUI in court, your license will be suspended, but you would immediately be eligible to apply for a restricted license if you met certain requirements (SR22 is posted with the DMV, you enroll in the alcohol classes, and you pay a reinstatement fee to the DMV). If you are convicted of a lesser offense (wet reckless or speed exhibition) your license would not be suspended based on the court conviction. This is a very complicated area, and you would be well-served consulting with a DUI defense attorney.See question