Archived
If i got arrested for being under the influence 11550 in my own home, what would be my sentencing at court?
Joshua's answer
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Answered on June 09, 2013
It is unclear what is meant as "or take any valid tests to prove" that you were under the influence. If there was no urine or blood test, it is...
Archived
Dui while on drug diversion program?
Joshua's answer
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Answered on June 08, 2013
An alcohol only DUI does not disqualify an individual pursuant to PC 1000 (a)(3). See People v Orozco (2012) 209 Cal.App.4th 726.
Archived
Can LP testify if they didn't read me the Miranda Rights
Joshua's answer
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Answered on June 07, 2013
If by LP you mean a store loss prevention, they are not typically a real law enforcement officer. Miranda advisement kicks in when the government...
Archived
My son was taken from me by a phone call from my sister when I was unfortunately intoxicated in the middle of the night. Help
Joshua's answer
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Answered on June 06, 2013
If CPS is involved and your son was taken from your custody by the government, there should be a petition filed pursuant to Welfare and...
Archived
Live scan and NCIC rap sheet
Joshua's answer
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Answered on June 05, 2013
Vehicle Code section 12500 (a) is driving without a license. As some of us call it, a wobblet, meaning it can be a misdemeanor or an infraction as...
Archived
If a guy is 18 or 19 and intoxicated and refused to have sex an the minor took advantage of that. is that rape?
Joshua's answer
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Answered on June 01, 2013
Mr. Kaman is spot on. While "no" means "no" when it comes to rape, unless there was physical force that the BF could not overcome to stop the...
Archived
Is there any way to get financial aid for the pc 1000 dej program
Joshua's answer
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Answered on June 01, 2013
A very similar issue came up here in Sacramento County where an individual was terminated from PC1000 in People v. Trask (2010) 191 Cal. App. 4th...
Archived
Missouri v Mcneely & Implied Consent Does/Can it Apply? currently Looking For a skilled O.C DUI/Defense Lawyer That can help
Joshua's answer
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Answered on May 31, 2013
As you can see, there are a mix of responses. McNeely deals with a case where there was a refusal to a chemical test. In Missouri as in...
Archived
Did I miss my court date?
Joshua's answer
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Answered on May 31, 2013
I would add that you should contact the traffic court in the county where the ticket was issued. If you have not missed the court date, you may...
Archived
Who pays for officer to come to court Dui
Joshua's answer
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Answered on May 31, 2013
Those of us who pay taxes end up paying and if it is a trial or suppression motion hearing, there must be real evidence, meaning the officer needs...
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