What will happen to my driving privilege if I am found guilty of a second DUI?
What will happen to my driving privilege if I am found guilty of a second DUI?
Second DUI In 10 Years. If you are convicted of a DUI and you have a prior DUI conviction within ten years of the current conviction you will have your drivers license suspended for a period of one year. You will be required to complete the SB-38 alcohol program before you can receive your drivers license back. However, you may be able to get a restricted license after a period…
Read MoreDo all child molest crimes require registration as a sex offender?
Not all sex crimes require mandatory registration In 2006, the law changed in California allowing certain sex crimes not to be mandatory registration pursuant to Penal Code section 290. In the case of People v. Hofsheier, the California Supreme Court ruled that certain sex crimes against minors are no longer mandatory registration but rather discretionary. This not only affects the people convicted after the Hofsheier decision, but it allows a…
Read MoreI was put on probation for 3 years for a petty theft. It has now been 18 months and I need to be off probation so I can go into the navy? Is that possible? (Penal Code Section 1203.03)
Yes, in some cases you can retain our law firm and we can prepare a motion for you pursuant to Penal Code Section 1203.03 This motion asks the judge to terminate your probation earlier than the date originally imposed. The motion has to include legal grounds in which to make it successful. One such possible ground is that a person needs to be off probation in order to pursue a…
Read MoreI was arrested for a DUI in Orange County when I was on vacation. I live in Texas? Do I have to come back for the court dates if I hire a DUI defense lawyer?
Probably not. In most cases you can retain an experienced DUI defense law firm and they can appear on your behalf without you having to be present. This is pursuant to Penal Code Section 977. However, if you do not appear and if you do not retain a lawyer to appear for you then the court will issue a warrant for your arrest.
Read MoreCan the police enter my house without a warrant?
The police must obtain a search or arrest warrant before they enter your home. However, there are a few exceptions to the warrant requirement. One of these exceptions is if they claim that it was an emergency and if they didn’t enter your home the evidence of a crime would be destroyed or the alleged perpetrator would escape or someone within the home would be injured. However, the police have…
Read MoreIf I filed a false police report can I get arrested?
YES, it is a crime in California to knowingly file a false police report. You could be sentenced to jail and have to pay a fine. You could also be placed on probation. It is never a good decision to speak to the police and tell them you filed a false police report until you have retained an experienced orange county criminal defense law firm to help you.
Read MoreIf am arrested for DUI how can I prove that I was not intoxicated at the time of driving?
The burden is not on you to prove your innocence. The burden is on the prosecution to prove beyond a reasonable doubt your guilt. There are many excellent defenses that may help you win your case. Every case will depend upon the specific facts of that persons cases. Contact Wallin and Klarich at 877-466-5245 and we can answer your questions now and tell you what defenses you may have in…
Read MoreIf I have a DUI conviction from 12 years ago, will that increase my punishment for the DUI I was just arrested for?
The answer should be no. In California if you have one prior DUI conviction within the past ten years then you will be treated as a Second Offender and face more serious punishment than if you were a first offender. If you have two prior convictions within ten years then your sentence would be a minimum of 120 days in jail plus a 3 year revocation of your driving privilege.…
Read MoreHow long does the DA have to prosecute me for burglary?
If you are being accused of a first degree burglary then you are facing up to six years in state prison and a strike offense. If you are facing second degree burglary you are facing up to three years in jail. In either case the DA must file formal charges against you within three years of the date of the alleged crime. However, remember they do not have to arrest…
Read MoreIs post-accident alcohol consumption a valid DUI defense?
Post-Accident Alcohol Consumption is a common DUI defense argument applicable in certain DUI fact pattern scenarios. The availability and effectiveness of this defense will rest upon the surrounding facts and circumstances, specifically, the availability of alcohol from the time of the accident and/or crash to the time that police made contact with the driver. It is extremely important to develop a drinking history timeline. A credible drinking pattern is used…
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