So I was involved in a drunk driving accident where I suffered minor injuries. The other party was charged of course but I was wondering, if they were willing to pay for the damages to my car and my medical expenses, do I have to press charges or ...
In terms of the criminal case, you, as the victim, do not have control over whether the prosecuting agency pursues the criminal charges. However, there is something called a "civil compromise" that is available for misdemeanor charges. The statutes that govern a civil compromise are Penal Code sections 1377 and 1378. The defendant who hit your car can bring a motion to dismiss the case under those statutes. You would have to agree that you have been fully satisfied in terms of the harm you suffered. And then, the judge would have discretion to dismiss the criminal case. But, it is completely up to the judge. While I have successfully argued these motions in similar cases – DUI with an accident – many judges will simply refuse.
You should definitely consult with an attorney, preferably one who handles both personal injury and criminal cases. You might want to check with the California DUI Lawyers Association for a referral in your area. Best of luck!See question
I was asked to sign a gag order to keep a police dash cam video private. The judge agreed with the police to not have it made public. The case never made it to trial and the officer wasn't punished. Can we get the dash cam released with another ju...
The excuse that law-enforcement uses to hide dash-cam videos from the public is this: they want to make sure your confidential information is not disclosed to the public. There is also a legitimate concern that third-party confidential information might be inadvertently disclosed. For example, your video may record radio traffic detailing all of the information needed for identity theft of some other person. Police agencies have successfully argued that it would be too burdensome to go through each video to make sure no confidential information is disclosed. You, or your attorney if you are represented by one, can bring a motion to terminate the gag order. You would have to show that your first amendment interest in communicating about the government actions directly involving you out for confidentiality. Good luck!See question
I failed to appear because I was a 1,000 miles away and could not afford the trip. They have issued a warrant, is it for failure to appear?
You can have an attorney appear for you. In most cases the court will recall the warrant and get the case back on track without your having to be present. In San Diego, I'd call Mike Fremont: (760) 635-0640. If you're unable to retain Mike, then hire someone who is a member of the California DUI Lawyers Association. http://www.california-dui-lawyers.org At least then you will know that they are committed to staying up-to-date on a very technical area of the law.
Best of luck.
The cop pulled me over and asked me questions...I answere no or yes....then says I smell alcohol your slurring your drunk...so I go to pull my phone he sees that and runs around the car to the drivers side as I go to record I say I'm gonna protect...
What did officer did is outrageous. It really amounts to the destruction of evidence. You should have a right to record anything you say when speaking to an officer.
However, your officers attitude is very common.
If you get the right judge, you might be able to persuade him or her that the officer's behavior renders the entire detention unreasonable and therefore unconstitutional. Look for an attorney who is a member of the California DUI lawyers Association. I wish you the best of luck.See question
I was heading north bound on a big Avenue and a CHP unit was heading southbound on that same avenue. I turned left on a residential street. I noticed the unit decided to follow me. He pulled me over and stated he paced me at 35 on a 25 zone (not t...
Your odds are only as good as the judge that hears your case. On the speed issue: 35 in a 25 mile an hour zone may not be "unsafe for conditions." This is a very common issue, and your public defender should be aware of it. Just to make sure, you can go to the department of public works and ask for the speed survey for that section of the road. That will show you how fast people usually travel on that road. If 85% of them go 35 miles an hour or more, you're in great shape to argue that your speed was not unsafe for those conditions. Other factors, such as traffic on the road, pedestrians, driveways to businesses or homes, etc., will all have an impact on the reasonableness of your speed under the specific conditions.
As far as the air freshener goes, you may be able to persuade the judge that the officer is retroactively fabricating his or her ability to see the air freshener. Be creative and take pictures/video of your car with the air freshener, from the distances shown in the police video. It comes down to the commonsense ability to persuade the judge that there's no way the officer could see the air freshener until after you were pulled over. Bring the documents to your public defender well before any hearing, so that he or she can subpoena at the public works records in time to get them to court. Best of luck!See question
Back in 1998 my Brother had a DUI which he got booked in for and then later bailed out that night. He never showed up to court and on top of that used a different name from that of his when getting booked in. is there anything at this point he can...
It's a shame that he's suffering such drastic consequences over a misdemeanor DUI (unless he caused injury or its his 4th).
He should find the best lawyer he can in the County where the warrant issued to advise him of the best way to unravel the mess. Start with http://california-dui-lawyers.org to find someone with DUI expertise. I wish him luck.See question
I was under the impression that i had 2 years from the time u enroll to re enroll or pay your payment? Will i lose all my credits? I was 13 class s away from completion on a second offender class.
You should contact the program quickly and work it out with them. It's up to the program whether or not they give you credit for past attendance.
Each approved program is supposed to offer fees on a sliding scale, so if your financial situation makes it impossible to pay, they should try to work something out with you. Unfortunately, in this situation, the program holds all the cards in terms of giving you credit for past efforts. Best of luck.See question
My case expires on February 17,I have a little over a month to go, I was told to do nothing g and lay low, can please someone be more elaborate and in detail on what I need to do wit the DMV and what I need to do to seal or expunge the arrest? Ple...
Once the statute of limitation runs, then you can safely bring a petition to seal and destroy the arrest record. The petition requires 60 days notice to the arresting agency before you can litigate the motion in court. The agency may respond before the 60 days, but that is unusual. If they deny the petition then you can go into court and ask for the relief.
Keep in mind, that you will have the burden of proof. You will have to show that, given the benefit of hindsight, there were no grounds to arrest you in the first place. I would suggest consulting with an attorney before attempting the petition. Good luck.See question
ive finished all my classes and payed everything i got a letetr that i can get my dl but i dont want the breathalyzer do i need to get it ?
It depends on the county of your conviction. If you were convicted in Alameda, Los Angeles, Sacramento or Tulare County, then DMV will require a 5 month Ignition Interlock Device installation on a first time DUI. You can call mandatory actions at 916-657-6525, give them your DL number, and they will tell you exactly what is required. Good luck!See question
I was sitting in my car and the Lakewwod sheriffs were dispatched on an unrelated incident. Me and a friend got out of the car walking into Dennys entrance when I was grabbed by a female officer and was arrested for an DUI, after released I never ...
It sounds like you may have a very strong defense--no evidence you were driving. Then again, you need to see what prompted the deputy to arrest you. Since you failed to appear, the court notified DMV and they suspended your license. You should hire an attorney to "recall the warrant" and defend your case. If you can't afford an attorney, contact the public defender and ask them how best to proceed. When the warrant is recalled, it is important to ask the court to issue an "abstract" showing that you have appeared on the case. DMV will not reinstate your license without it.
There may be other ways to fight the DUI in addition to the "no driving" defense. In addition to traditional tactics, such as attacking the accuracy of chemical tests, you may be able to use "technicalities" such as your right to a speedy trial to get your case dismissed. If you gave your correct address when you were arrested and you have not moved since then, your attorney can argue that the DA had an obligation to arrest you on the warrant before the evidence went completely stale or was destroyed.
If you're looking for an attorney, ask if they are a member of the California DUI Lawyers Association. Or check here: http://www.california-dui-lawyers.org/ That will at least demonstrate a commitment to the defense of DUI.
Good luck!See question