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Richard Orville Middlebrook

Richard Middlebrook’s Answers

46 total

  • Can I petition the DMV's license suspension?

    I was arrested in September 2014 for a DUI with Injury, but was not convicted until early December. Once the 30 day hard suspension for the DUI was over, I applied for a restricted license because I need a license to drive to different sites for w...

    Richard’s Answer

    Mr. Fremont is correct. Once you pled to the 23153 you will suffer a one year hard suspended license and not have an opportunity for a restricted. It won't matter whether you ask the DMV nicely or not.

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  • First DUI arrest BAC level of .11

    No previous crime record. Is it possible to get dry reckless instead of DUI charge? I got pulled over for weaving,(I wasn't) female officer conduct 3 different sobriety tests I did well.

    Richard’s Answer

    Absolutely possible.

    The science behind DUI cases is dubious at best. Despite campaigns by the National Highway Traffic Safety Administration and MADD like "Over the Limit; Under Arrest" and "Drink, Drive, Go to Jail", the numeric estimations of breath testing can vary 2 to 3 times higher than your blood alcohol level while in the absorptive phase. Meaning, if you were absorptive, your blood alcohol could be well under the legal limit of .08%.

    Additionally, things like breath temperature, medical conditions, type of machine and interference all play a part in skewing that estimate. Rarely is it skewed in your favor.

    No lawyer in their right mind would give you specific potential results based on such a limited scenario. Look at lawyers AVVO pages practicing in Tulare County. You can look at representative results for that lawyer posted on AVVO.

    In addition to our firm, I would highly recommend Terry Wapner. Excellent lawyer out of Fresno.

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  • When do things like DUI's starting coming off of your DMV record? When/what month & year did the 18 month Program become apart

    Of law in CA and DMV enforced? Is there a Statue of limitations on things in the DMV and on your driving record? Even if violations are close together they should fall off..

    Richard’s Answer

    DMV Records are permanent and available indefinitely to the DMV, law enforcement, etc. However, it is a little more complicated than I think was previously explained.

    Depending on the type of offense, the DMV will report for different periods of time. There is no blanket answer. While viewable forever, as mentioned above, to certain agencies, here is a list of time the offenses will be reported.

    1. Most convictions of traffic offenses, such as hit and run, reckless driving, and driving under the influence (DUI) will remain on your record for 10 years from the violation date and count as 2 points.

    2. Most other traffic offense convictions will remain on your record for 3 years from the violation date and count as 1 point.

    3. Accidents are reported for 3 years from the accident date. If you are found to be at fault, the accident normally counts as 1 point.

    4. Actions taken against your driving privilege, such as a suspension or revocation due to a DUI or a failure to provide proof of financial responsibility, will be reported for 3 years from the proof termination date or the reinstatement date, whichever is earlier.

    5. A Failure To Appear for DUI offenses will be reported for 10 years from the violation date. All other Failure To Appears and Failure to Pay fines will be reported for 5 years from the violation date.

    Good luck!

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  • What happens after a second drunk in public ticket?

    I have a DUI case in 2005,a drunk in public case in 2006 and just got another drunk in public.I'm not in violation of any probation,what should I expect to happen?

    Richard’s Answer

    I would love to be more specific, but with the facts currently presented, it is difficult. The problem at the outset is the assumption that you are already guilty of the offense.

    Drunk in Public is a very difficult charge to prove in court. The common name does not reflect the actual requirements for conviction. You must be so intoxicated that you cannot care for your safety or the safety of others. That is a VERY high level of intoxication. The standard is not that you were drunk and you were in public. If it was, every bar would be out of business and every Friday Happy Hour attendee on probation. Now if you were from Kern County, there would be a distinct possibility of that coming true someday, but not currently.

    In the end, you have to decide if you met that the level of intoxication. If you did, you may face some significant penalties because of your prior alcohol issues. However, my guess is, you did not meet such a level. Talk to a lawyer. I have never had a client convicted or pled to a drunk in public and I suspect most good alcohol related defense lawyers have not either (except as a plea to a more serious charge).

    Good luck!

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  • 2nd DUI, first in Massachusetts 7 years ago, and first in CA

    I recently got a DUI in California and I am very worried about the ramifications it may have. First, will CA know that I have a CWOF for a DUI in MA and 2nd what will CA do to my driving priviledges in MA? I will never return to CA other than t...

    Richard’s Answer

    Great question and great information.

    First, make sure you request an in-person DMV hearing in California if you remain here. If not, request a telephonic hearing. You only have 10 days from the arrest to do so.

    If you fail to request the hearing or you lose it, California will suspend an imaginary driver's license number they assign you for this purpose. They will then notify Massachusetts that you lost your license in California. Massachusetts, I believe, will treat it like a second time offense. But you definitely have to speak to a MA lawyer re that issue. If you lose license, you can file a statement with the CA DMV saying you won't drive in CA for three years and they will release any hold on your MA license. But the first line of defense is not to lose it here.

    It is likely that CA will know about your MA prior, but not always. Don't stick your head in the sand. The consequences are severe and can haunt you forever.

    Get yourself a good lawyer in Manhattan Beach like Virginia Landry or Barry Simons. Both are excellent attorneys and focus their practice on defending people accused of driving under the influence.

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  • Is it necessary for an arresting officer to witness a person driving under the influence.

    I was arrested for DUI in a parking lot, outside the car, because a citizen phoned in that a car was weaving on the road. They pointed me out to the officers, when they arrived. They did not approach, or attempt a citizen's arrest themselves.

    Richard’s Answer

    Vehicle Code Section 40300.5 is regularly used by officers in Kern County even on stops where driving was seen and no accident was involved. They seem to make it on the CHP 202 form regardless.

    Are practice in Kern County has been successful in obtaining excellent results in these types of cases, but each case is different. Each matter is fact specific.

    An arrest is always going to be made under these circumstances, but a conviction is a different story. Make sure you speak and are represented by someone who deals primarily in the area of DUI. 40300.5 is very specific and very few general criminal practioners are completely aware of the litany of cases or nuances. Good luck.

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  • First DUI/clean driving record since I started driving/no criminal record. Stuck in

    As I was heading home I stopped at a red light. I put my car in first gear when it was time to go and I noticed my clutch gave out, as if the car was in neutral. I pulled off to the side of the hwy with the momentum my car still had and went ove...

    Richard’s Answer

    Easy answer: Check the National College of DUI Defense website or the California DUI Lawyers Association website and contact a member attorney in your area.

    While there are always a lot of unanswered questions in posts that occur here, there are significant legal hurdles for the officer and the prosecutor to jump prior to a conviction in this case. Because it is somewhat complicated, it is always best to consult with an experienced DUI lawyer to discuss all those options.

    Based on your answers to some of the questions mentioned above, that attorney can suggest scenarios that reflect your desires within the parameters of the facts known to both of you at the time. Again, this is a little complicated.

    As far as choices: (1) Hire a private lawyer, (2) request the service of the public defender, (3) represent yourself. Your only initial choices are to plead not guilty and attempt to work find a resolution or head to trial OR plead no contest to an agreed disposition immediately. I would always choose the former over the latter (not guilty v. no contest).

    Best of luck

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  • I was pulled over for not having current registration and the car was impounded for not having a valid drivers license.

    the car was impounded for not having a drivers license due to a dui. when the police officer gave me the ticket he didnt write my drivers license on the ticket and the description that he wrote down for me as far as the weight and height was compl...

    Richard’s Answer

    The answer is No.

    Failure to write down an accurate description of a driver or forgetting to put a driver's license number down on the citation is not grounds for a dismissal of the citation. It is likely the officer will amend the citation to correct the driver's license issue and you will receive the notice in the mail.

    However, failure to modify the citation to include the CDL may prevent the DMV from picking up knowledge of the citation. Good luck.

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  • How do I get an extension on my court date that is set so soon after I was released on bail for drunk in public?

    i was given a ticket for jay walking, then when i asked the cop for his first name several times, he decided to arrest me and I found out after I had already spent 20 hours in jail and that he booked me for drunk in public. They made me do a bre...

    Richard’s Answer

    OK...I will start by assuming a few bits of information. First, that you have a court date within a few days. Second, that your court appearance is in Los Angeles.

    That being said, keep in touch with your Bail Bondsman. They are the easiest and best source for court dates, other than the court. Often, once you bail out, the date of your appearance will be set out several weeks. When you are no longer in custody, there isn't the same heightened concern of bringing you before a judge or magistrate quickly. Well, at least AS quickly.

    Check the court's computer system which will let you know your appearance dates.

    Second, you don't have to buy more time, you just have to ask. Whenever your appearance is, simply go and explain to the judge that you are in the process of hiring a lawyer. It is always good to have some appointments already scheduled and the names of those lawyers available at your arraignment. As long as you waive time for your arraignment, it would be VERY unusual not to permit you time to get a lawyer.

    Drunk in Public or Penal Code 647(f) is about the lowest level misdemeanor available. HOWEVER, any misdemeanor is serious. Drunk in Public doesn't mean exactly what it's name implies. Being drunk and in public is not illegal. You must be SOOOOO intoxicated you could not take care of yourself or the people around you. It is a VERY difficult charge to prove unless you are comatose. Unfortunately, it has become law enforcements unofficial "Screw You" charge. It is regularly used to simply ruin an otherwise law-abiding citizens day. Bet you would agree it ruined yours.

    I have NEVER had one case of Penal Code Section 647(f) ever pled to or convicted. I have handled over 200. In fact, most DA's recognize they are unprovable charges and don't want to deal with them. Usually, they will dismiss. Never plead to it without contacting a lawyer. However, you may be able to get out of it simply by requesting a dismissal. I would always try that first.

    Finally, not reading you your "rights" is not unusual and rarely mandatory. There is a notion that failing to provide Miranda Warnings is the equivalent of a "Get Out Of Jail Free" Card. It isn't. It only permits the suppression of answers to questions while in police custody. Frankly, it very rarely assists on low level misdemeanor cases.

    All that said, I wish you all the best. Appear and ask for the dismissal. If it isn't granted, ask for time to hire a lawyer. Give yourself a month or so. Good luck!

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  • What does California do if you have no job or money to pay DUI fines, etc.?

    After being stopped for spinning tires, this person was given a field sobriety test which showed .12 percent. He has no job and no money ... What is the court likely to do if he cannot pay any of the fines, etc.?

    Richard’s Answer

    • Selected as best answer

    If you don't have the funds to pay DUI fines, request the court to allow you to do the work release program in lieu of the fines. Since you aren't working, you can complete the work release program quickly.

    However, the licensing issues will be different. You cannot receive your license back until you at least enroll in the class. Most classes except payment plans. However, if you fail to pay them, you are likely to be suspended from the class and the DMV notified. They will take away any restricted license and you will usually have to start the class all over again.

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