What are the consequences of violation of probation for a DUI in California?
When convicted of a misdemeanor DUI in California (California Vehicle Code 23152), you will most likely be placed on "informal probation." for a specified period of time. It is essential to comply with each and every term of probation. Misdemeanor probation terms may are usually included on your "probation order" or "minute order" which is given by the court at the time of the conviction. Terms of probation may include:…
Read MoreI got a DUI in Los Angeles. How can a Los Angeles DUI lawyer at Wallin & Klarich prove that I was not legally stopped by the police officer. (CVC 23152)
The first and arguably the most critical element in every DUI case is whether an officer had probable cause to pull you over and ask you to perform field sobriety tests. Every Los Angeles Wallin & Klarich lawyer is highly trained in the law that applies to probable cause for detention and arrest. If you took a blood test or breathe test after you were arrested and the result was…
Read MoreI was arrested for a DUI in Riverside. Will I Be Deported?
Assuming you are not a U.S. citizen, deportation after your DUI in Riverside may very well depend on your legal status. If you are completely undocumented, an Immigration & Customs Enforcement (ICE) hold may be placed on you at the time of arrest, and you very well could be deported if ICE follows through and picks you up at the local jail and formal deportation proceedings are initiated. If you have any…
Read MoreWhat is The Difference Between A Dry Reckless (CVC 23103) & Exhibition of Speed CVC 23109(c)
A “dry reckless”, found in the California Vehicle Code Section 23103, is an alternative used during DUI plea negotiations. A “dry reckless” is a great alternative to a DUI mainly because it is not a “priorable” offense so that, unlike a “wet reckless”, it has no statutory provisions to enhance punishment for a future DUI. In addition, there is no requirement to complete an alcohol education program. Further, a “dry…
Read MoreI was convicted of a DUI and paid my fine on top but I have not finished my classes and court is coming up in two weeks? Will I likely go into jail because I have not finished my classes?
Your lawyer can ask the judge for an extension of time to permit you to complete the required DUI classes. However, you will have to have a “good excuse” for not finishing the program in a timely manner. Valid excuses include you are working long hours and are supporting your family or you have had a medical illness or something similar.
Read MoreWhat is the consequence for driving on a suspended license when the suspension was from prior DUI?
I have two DUI in less than three years. I have two jobs, three kids and one vehicle between me and my wife. Am I looking at jail time? California Vehicle Code 14601 and its related sections prohibit driving when you know that your driver’s license has been suspended or revoked. California Vehicle Code 14601 offenses are misdemeanor crimes, subjecting you to county jail time and substantial fines. Before you…
Read MoreI’ve been charged with vehicular manslaughter while intoxicated with gross negligence in Santa Ana, CA. What punishment am I facing?
Vehicular manslaughter whiled intoxicated with gross negligence in California under Penal Code 191.5(a) is filed as a felony by the prosecution. The punishments depending on certain circumstances, will include the following: 1. Four, six, or ten years in the State Prison, or 2. Fifteen years-to-life in prison if you have a prior conviction of Penal Code Section 191.5 or two or more previous DUI convictions. 3. Also, if there are…
Read MoreCan I Transfer My DUI Classes From California To Another State?
If you are ordered by a court in California to take DUI classes then most courts would allow you to take comparable DUI classes in another state. First, you must add your case onto the calendar in the court where your case was heard to get permission from the Judge to take the classes in the other state and the Judge must also approve the classes you intend to take.…
Read MoreCan A DUI Stop Can Be Based Solely On a Vehicle Code or Equipment Violation?
Yes. One of the most frequent causes of drunk driving arrests is being pulled over for something as trivial and an vehicle equipment violation. Some commonly cited equipment violations frequently used to justify a stop and subsequent DUI investigation include: defective headlight, taillight, brake light, absence of license plate, etc. To prevent a possible DUI investigation, do your best to make sure your vehicle is free from easily apparent equipment…
Read MoreWhat is considered a "drug" for purposes of Orange County California DUI Drug laws?
The term “drug” means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions. (See California Vehicle Code…
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