I am planning to relocate back to my home country but is it possible while on informal probation for 1st DUI?
Of course you can go back to your home country, but it would be best if you took care of all your obligations to the court before you left. If you do not, and fail to comply with any of the conditions of your probation, a warrant will be issued for your arrest. Since California has no jurisdiction in another country, your home country will not be handing you over to California, but if you decide to return to the States at any time, this could be problematic.See question
My friend was charged with a felony dui and had to post bail at a felony amount. But later, the ADA stated on record that they made a mistake and that the charge should have only been a misdemeanor. Can the city DA be sued to recoup the felony b...
If you used a bond company, like the other lawyers have said, you are out of luck. If you posted the full bond however, that money will be returned, but only after all financial obligations to the court are satisfied.See question
The police did not see my husband on the motorcycle, no miranda rights were read, he has previously completed classes to regain his license after previous DUIs (which were from several years ago). What are the chances of beating this?
Because of the accident, and assuming the bike is registered in his name, California law allows the police officers to charge him with the DUI. The Miranda thing has really gotten blown out of proportion because of TV, but you are not alone. Almost every one of my clients says the same thing when I first meet them. Miranda only comes into play when the driver is 1 under arrest, AND the police are asking questions about what they think he did wrong. BOTH of those conditions must be met. In all likelihood, when they were questioning him, he was not under arrest at that time.
Because of the accident, and because of the priors, barring other factors, "beating this" is unlikely. But the low BAC does help. Your best bet is to hire a DUI lawyer over there. He will be able to find any holes in the Government's case, and perhaps negotiate striking one or both of the priors. I hope this helps.See question
I was arrested for DUI about a week and a half ago. I don't think the DMV can suspend my license because I blew under a .08. I feel I have a good case because I blew a .072, was very cooperative with the officer, did not have trouble with my gai...
It is unlikely that waiting until after your arraignment will save you any money. Most DUI lawyers have a flat fee based on each clients circumstances and that is not likely to change after the first court appearance. It will in fact make things a little more difficult for your new attorney, because now he will be required to "Substitute In" as your attorney of record. Just make sure you hire an attorney whose sole practice is DUI defense. There are a number of good ones in town, myself included. DUIs are very complicated these days and are no longer a glorified traffic ticket like they used to be. It is in your best interest to hire someone who specializes in DUIs. You wouldn't want a General Practitioner to do Brain Surgery would you? I hope this helps.See question
0.13 Blood Test, Refused PAS and FST
Both are excellent attorneys. Go see both of them and go with the one you are most comfortable with.See question
First-time DUI offender here. I blew a . 16 on the field breathalyzer, and according to my ticket, I blew a .15 & a .13 at the station, (the station tests were performed back-to-back). After interviewing 10+ attorneys, I finally found two straight...
Without a doubt you should hire an attorney. You need to remember that the offense took place at the time of driving not at the time of the testing. There are stricter penalties for higher blood alcohol cases. The first penalty enhancement level after .08 is .15. The DA may try to argue that your BAC, AT THE TIME OF THE OFFENSE, was above .15 therefore you are subject to stricter penalties. You need to hire an attorney who specializes in DUI Defense.See question
I'm 23 got 3 DUI with a felony on my last one....how much time I'm I looking at?
Call Scott Spindell in LA (818-783-5200). Be careful about this one. If this DUI goes down as a Felony Conviction, ANY DUI offense you get after this will also be charged as a Felony. I practice in San Diego, so I can't help any more than this, but call Scott. He'll take good care of you.See question
How long does the Da have to file charges?
The DA has 1 year from the date of the offense to file charges. You should be ok. If you took a blood test instead of a breath test, it is very common for the DA not to file charges until a month or so after your first court date. Have you moved since this took place? They may have sent you notice that charges were being filed and sent the notice to the wrong address. In this case, a warrant has probably been sworn out for your arrest. Check with the court. If no warrant has been filed, then you should be OK>See question
So my question explains it all, I had a DUI last year which was ruled as Wet wreckless by the court and now I want to visit Canada. I am told I need to get finger printing, letter of recommendation and whole lot of things to even apply. Is this tr...
Check with the Canadian Authorities who are telling you that a DUI will prevent your admittance to Canada. A "Wet Reckless" is strictly a legal bargaining tool used in the courts. It is California Vehicle Code Section 23103.5a. It is not an offense for which a police officer can write you a citation for. It is NOT recognized by the California DMV. You need to check to see if the DMV Set Aside the suspension of your license for this. IF the DMV Set Aside your suspension AND you got a Wet, then you can truthfully tell the Canadian Authorities that you have not gotten a DUI.See question