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Aaron Reuben Bortel

Aaron Bortel’s Answers

186 total

  • I Need to Appeal my DUI to The Administrative Review Board !

    I lost my license from a DUI at the DMV safety hearing meeting. Question? Is there a vehicle code/law on the books that would allow me to appeal to a higher level i.e. Administrative Review Board? I've read on the Calif DMV web site that (V.C. ...

    Aaron’s Answer


    You can request departmental review, which has very little chance of success. If you are within 15 days of the date of decision by the DMV hearing officer, you can make this request by sending DMV $120.00 and requesting departmental review for action taken pursuant to Vehicle code section 13353 or 13353.2. Having an attorney for this is usually a good move.

    The other way to appeal is to go through the Superior Court. You have 34 days from DMV decision to do this, or if you've requested the above departmental review your time to request Superior Court help through the writ process extends to over 90 days. This should not be attempted without an attorney, or without consulting a DUI lawyer who does these writs first.

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  • I went to my car to have a smoke. the key was on the seat (I thought my son had it for he was the one who drove). I got a DUI.

    the police officer found the key after I was arrested and placed in his car. My court date landed on a holiday so I phoned in on the next day and was told no charges were filed as of yet. how can I fight this case? my nursing license depends on it.

    Aaron’s Answer

    The DA must be able to prove you were driving. You are ahead of most in this situation as you have a witness who will say you were not the driver, and that he drove. You should consult with a DUI lawyer who knows how to handle these cases.

    You are welcome to contact my office, as I practice in the Bay Area. If I am not the right attorney for you I can at least give you a number of other excellent DUI lawyers who practice in your area.

    Aaron Bortel
    415 247-0700

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  • What are the chances of dismissing or lowering my 2nd DUI charge?

    My last DUI was 10/28/08. I recently received another one on 1/22/11. I was trying to be a good friend and drive my friends home when I got pulled over for going over the speed limit. He gave me the sobriety tests and made me blow because I am ...

    Aaron’s Answer

    You do need a good DUI lawyer to represent you here. There are a lot of questions and deadlines that need addressing, so contact one today. You have a chance to win the DMV hearing with the .08% BAC, and your lawyer may be able to win your case or get charges reduced here.

    Remember, 10 days to contact DMV to request the hearing.

    Is your probation in the same county as the new case? If not, you might not be facing the probation violation.

    You are looking at a year suspension for the zero tolerance law while on probation.

    For more specific advice, you really need to consult with a DUI Lawyer who will usually give you a free consultation. I doubt you are looking at the Maximum sentence for a 2nd DUI, but again, consult with someone in your county who knows the court best.

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  • How to dismiss bench warrant related to not paying fine for a DUI

    I was convicted of a 1st time DUI in Santa Clara county California in Feb of '09 and received 14 days sheriffs duty, needed to complete alcohol treatment, and pay a fine of $1800. At the time, I did not have the money nor a job so I had to move ou...

    Aaron’s Answer

    Depending on the Judge you are in front of, you might need to appear with your attorney to have the warrant recalled. You can hire an attorney and try to have them resolve it without you needing to appear. If the court then says they want you there, you can make such arrangements.

    Once the warrant is recalled, you need the attorney to modify the probation conditions. You will still need to do a DUI School out of state. You will also need to contact DMV in Sacramento to request paperwork be sent to your out of state address for you to request lifting of the license suspension in CA.

    Santa Clara County may want you to do the time in their county. The lawyer you hire will need to negotiate this to determine if you can do it out of state. They will probably try to increase the 14 days due to the probation violation.

    The fine is the easy part. You can try to pay it ahead of time, but might not be able to do so until the warrant is cleared.

    Contact a local DUI lawyer in the Bay Area who regularly practices in Santa Clara County.

    Good Luck.

    Aaron Bortel

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  • What will happen to me in court for my 2nd dui prior i had one was 8 yrs ago

    what will happen to me in court for my 2nd dui prior i had one 8 years ago

    Aaron’s Answer

    Previous answers focussed on what potential penalties exist if you get convicted. Since there is no way to know how your case will come out, the first thing you need to do is get a DUI lawyer who can examine your case and help determine what needs to be done for the first court appearance.

    In some counties, walking into court on a 2nd DUI can be a shocker. Judges may want you to do AA meetings, wear a SCRAM (alcohol monitoring) device on your ankle while the case is going on, or set a bail that puts you in jail.

    This is why consulting with and hiring an experienced DUI lawyer who practices in the county of your arrest is very important BEFORE you go into court. In some counties, the lawyer may advise proactive measures before that first court date. High Blood Alcohol levels, accidents, or something like kids in the car can also get a court to impose the above requirements while your case is pending.

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    Aaron’s Answer

    The DMV is still not budging on it's position here. I usually hear of any changes within a few days. If your attorney is a member of the California DUI Lawyers Association, he or she will have access to our listserv where a policy change would be posted right away.

    As you are probably aware, to bring a writ here is costly and would take months for decision. Hopefully something changes soon. Wish I had the answer you wanted to hear. I agree with you that this is not fair, which is why some courts have granted writs.

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  • What are my chances of having the 2nd dui dropped?

    I got my 1st dui 5 years ago and Nov 2010 I was arrested for my second dui(both in Sac. County). I blew a .08 the second test but wanted a blood test. The blood test came back at 0.07.

    Aaron’s Answer

    The DA's office is less likely to drop a case like this when there is a prior DUI conviction. You need to get a consultation with a DUI lawyer who practices in your area to get a better answer than we can give with limited information.

    Since you are at or just under the legal limit, you are in a better position than most to fight a second DUI. These cases involve the charge of being at or over the .08 legal limit, and the charge of driving under the influence. The DA's decision may depend on the driving that got you pulled over, and the field sobriety tests.

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  • What is the penalty for your fourth dui in 15 years of driving??

    My son got his fourth dui..While attending Cal-Poly12 years ago he got three back-to-back-to-back..He called the other day and just got his fourth in 15 years on the road..What can we expect and is prison manditory?? thx in hanford..

    Aaron’s Answer

    As previously stated, this should be charged as a first DUI. The 10 year prior rule goes from the date of arrest, so they should not be able to get him on the priors. However, legal representation here is important since you want the best results possible, and the DA will probably see the priors and argue for something other than a standard first offense DUI.

    DMV should also be contacted right away. You have 10 days to do so after a DUI arrest, if you want to have a chance on saving the license. Again, contact a DUI lawyer in the area where your son was arrested.

    The maximum penalty in court on a first DUI is 6 months in jail.

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  • If I got a DUI in idaho, do i still have my license in california

    im just trying to figure out if i can still drive in california , i got a dui in idaho last may, and they didnt take my california drivers license, and ive heard from a few different people that i may still have my license here

    Aaron’s Answer

    DMV is supposed to notify you of a suspension, but that does not always happen. You can now go on-line at DMV's website and request your driving record for a small fee, so that's one way to check if there is a suspension. You can also go to DMV and request what is called an H-6, which should include any suspension.

    However, you should consult with a DUI lawyer before doing anything. There are notice requirements for suspension of a license, and your contacting DMV may help prove you had notice of a suspension if you are at some point caught driving with a suspended license.

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  • First dui with 3 yrs probation, can I work at a bar as a bouncer ? Never worked as bar previously for a living.

    Got my first DUI in August of 2010, with 3 years probation.Can I work as a bouncer at a bar, neve previouslr worked at bar for a living.

    Aaron’s Answer

    You need to check with your attorney regarding the terms of your probation. You can check the paperwork from the court which should include the terms of probation, but talk to the lawyer before putting yourself in a possible position which might be a violation.

    It is usually the multiple offenses that preclude work in a bar. If there is such a preclusion condition for your probation, you can talk to the lawyer about going back to court to get it modified.

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