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Archive for the ‘Uncategorized’ Category

What Happens if you go to court per the ticket and your DUI case isn’t filed?

In Criminal Court Protocol, Uncategorized on November 25, 2010 at 12:47 pm

My boyfriend got a DUI in CA,showed up for court date and they had no record of him and the DUI. ?

Was told to call District attorneys office, they also have no record of the DUI. Is there a status of limitations?
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A:  THE DISTRICT ATTORNEY HAS 1 YEAR TO FILE CHARGES.
In California, 

The district attorney has 1 year from the date of arrest to file charges for a Misdemeanor DUI.

Due to budget cut backs, lack of staffing, etc, the DAs are behind on their filings. I currently have 4 cases that “weren’t filed” the day of their court date. It doesn’t mean the DUI charge is automatically dropped.

Generally, if they’re not filed by the first court date, they’re filed 30-60 days after that date. However, I have had 1 case where the DA has filed 13 months after the date of arrest, of course a motion was ran and this case was dismissed, but the DA did try to push it through.

I have had several cases filed 10-11 months after the date of arrest, but this is not the norm.

If you need further information about DUI arrests or are interested in hiring a California DUI attorney to represent you, call 877-717-2889 to speak to an experienced DUI attorney.

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Can I get a Retricted License After My DUI Arrest?

In Uncategorized on October 17, 2010 at 10:36 am

Q:  Can I get a restricted license to go to AA classes and do community service after my Huntington Beach DUI Conviction?

My husband got his first DUI in Huntington Beach and needs to go to AA classes and do community service. He has a prosthetic leg and cant walk around for a long time. He needs to drive to get around, can he get a restricted license to go to his classes and do community service? Who should we contact?

He wasn’t drunk, we had just came out of BJ’s in Huntington Beach and he had 2 beers, even the officer told us that he had regretted pulling us over but since he made him take the breathalyzer test he had to give him a DUI. Sometimes life is unfair so please don’t speculate.

A:  Yes, you can obtain a restricted license after your Huntington Beach DUI Conviction.

For a first  Huntington Beach DUI for an individual over 21 years old who submitted to a chemical test, after serving 30 days of a suspended license, he is eligible for a restricted license so long as he enrolls into a AB-541 alcohol program, obtains a SR-22, and pays a 135 dollar re-issuance fee to DMV.

If you would like more information about how to fight your Huntington Beach DUI or the consequences of your Huntington Beach DUI to your drivers license, call 877-717-2889 to speak to an experienced Huntington Beach DUI attorney.

DUI Arrests on Bicycles

In Uncategorized on October 17, 2010 at 10:22 am

Real & Live Huntington Beach DUI Questions

Below are real questions submitted by individuals arrested for a DUI.

Q: Riding my bicycle and pulled over by a cop on another bicycle for a Huntington Beach DUI on a Bicycle?

I had a “Four Loko” in my water bottle that was attached to my bike. The Huntington Beach cop gave me a DUI, is this the right thing or was he wrong?

A:  Yes, you can be arrested and convicted of a DUI on a bicycle in Huntington Beach.

You can be arrested and convicted of a DUI on a bicycle in Huntington Beach.

If you need help fighting your Huntington Beach DUI charges or would like more helpful information about he consequences of your Huntington Beach DUI arrest, call 877-717-2889 to speak to an experienced Huntington Beach DUI attorney.

LAGUNA BEACH DUI & MOVING TO WASHINGTON

In Uncategorized on October 4, 2010 at 10:33 am

Q: Laguna Beach DUI & moving to Washington?

I got a Laguna Beach DUI last June & now my license is suspended until next year. I was assigned to take an 18 month alcohol DUI class, which I have been doing every week since last sept. My end date is Jan. 2011.

I am planning to move to Washington in Nov. I was wondering if my classes transfer with me? I have heard many different things, even my counselor doesn’t have a solid answer for me. Also, even with my license being suspended in California, can I get my license in Washington? Again I have read/heard numerous things so I am just trying to figure it all out before moving. No bad comments please I am just trying to get more information…Thanks

A:  There are two considerations when doing an alcohol program out side of California for your Laguna Beach DUI arrest.

There are 2 entities that require the 18 month program for your Laguna Beach DUI arrest. The DMV and the Court.

Court
Court is simple. You can get credit for time you’ve spent in the class then go to court and ask to transfer the remaining time to a school in Washington or do AA meetings.

Mind you, make sure you take “proof of progress” in to court when you go so you get credit for all the time you spent in your CA class.

DMV
DMV California requires you to do an instate alcohol school to be eligible for the restricted license you’d get after 1 year of no driving. There are no exceptions to this rule. Thereby, DMV will continue to suspend your license for the full punishment period and after words until you file a 1650 with Mandatory Actions Division of the DMV.

The 1650 is a form where you swear you’re moving out of state and promise not to drive within California for the next 2 years. By completing this form, you’ll be allowed to apply for a Washington license. Failure to complete this form will render you ineligible for a drivers license due to California Suspended Status.

Mandatory actions phone number is 916-657-6525.

If you need further helpful information about the consequences of your Laguna Beach DUI for your drivers license, call 877-717-2889 to speak to an experienced Laguna Beach DUI attorney for a free consultation.

If your DUI is in Laguna Beach and you have a question, please call 877-717-2889 to speak to an experienced Laguna Beach DUI attorney for free.

Does an Officer have to charge you for what you were pulled over for?

In Uncategorized on August 22, 2010 at 9:56 pm

Question:

When I was arrested for a DUI, I was never charged with the Initial reason the Officer pulled me over.?

Back in Early 2009, I was pulled over and arrested for a DUI. The Officer said I had touched the yellow line in the middle of the road but I know dam well that was not true. My driving ability was absolutely fine. It was a DUI-Marijuana. I’ve talked to a Veteran Attorney’s Assistant and he said that if the Police officer did not write me a ticket for Failure to maintain Lane, or Reckless Driving (These are just some of the tickets he could have given me..) that everything proceeding that would not stand up in Court because the Officer didn’t have Probable Cause to pull me over in the 1st place. Yet, If he had written me a ticket for Failure to Maintain, that it would stand in Court. BUT, HE DIDN’T CHARGE ME WITH ANYTHING BUT A DUI. IT’S A TECHNICALITY DUE TO THE OFFICER NOT GIVING ME A TICKET FOR THE ORIGINAL REASON FOR PULLING ME OVER. Has anyone ever heard of this or dealt with these before?
Answer:
In California,

Although I have read nearly 5000 DUI police reports, I only see 1 out of a 100 or even as much as 1 out of 250 police reports where the cops actually charge the defendant for the reason they pulled the defendant over… whether its speeding or failure to stop at the stop sign.

They get the person for the big fish (the dui), write down for the cause of the stop in the police report.

Sorry, they still can charge and convict you of the DUI.

If you’re in California and need an experienced DUI attorney, please call 877-717-2889.

Disclaimer
Information on this site is strictly for general informational purposes only and should not be construed as legal advice for any individual case or legal situation nor does this site create an attorney client relationship.

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