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How do I fight my DMV Hearing after my DUI charges have been dismissed in criminal court?
I was very happy that my DUI charges have been dismissed by DA and Judge in criminal court. However, I still have a pending DMV hearing that has been continued 3 times now because the CHP Officer involved in my original arrest have not shown up to the DMV Hearing 2 times in a row. Note: that the DA agreed to dismiss my case because the CHP Officer did not show up to my criminal court pre-trial hearing My Attorney has subpoenaed the CHP Officer for my DMV Hearing but he has not shown up for both DMV Hearings??!! Also, DMV HO has requested the video of the arrest from my Attorney- which I think is odd because that should not be our burden to provide. My questions are: What are the chances of the DMV Hearing Officer to dismiss my case? Is there a limit to how many times that the DMV Hearing Officer can file for continuance? And if the CHP Officer still continues to not show up, can DMV still convict me guilty? Do we need to provide the video of the police arrest to the DMV HO- as they have requested? What legal info or advice do you have in my situation? Thank you
Best advice I can give you is to talk to your attorney, he/she knows better than strangers on the internet who know...
Documents required to apply for citizenship with an expunged DUI charge
Hi! I am a green card holder and would be applying for citizenship in a year. In Nov 2013, I was charged with a wet & reckless in California with a BAC of 0.1 and had two years of probation and a 15 week first offender class. What are the documents I am supposed to submit along with the I-400 form that are pertaining to the charges? Thank you
You should submit a copy of the police report, judgment and any probation papers that you have. When applying for US...
Is my DL suspended if on my suspension order DL is marked as surrendered?
I was arrested for a DUI however at the station I blew a 0.06 BAC and the officer said since you blew below the limit, you get your license back after release, which I did get without having to pay a reissuance fee. I'm just wondering that means if my drivers license is still suspended as I have it with me right now
I'm having trouble understanding your question. If you received a order suspending your license then, yes, it's...
DUI Refusal question.
My girlfriend just won her writ of mandamus to overturn her DMV refusal. Now as far as the criminal court, the DA is putting a little resistance on her refusal. Just wondering if she can use that civil case success for her coming up dui criminal trial as a leverage to fight that refusal. Thanks
This is a question best answered by her lawyer. The DMV hearing process is not the same as the court process, the...
What happens when you get a 23152 (a) and a 23152 (e) on one violation ticket?
I got a DUI a week ago. I am over 21 years old. I am a first time offender. The officer put me in handcuffs but did not read me my rights because he did not take me to jail. He gave me the option to be taken to First Chance, which is a private clinic, where they took a blood test and housed me for 7 hours, releasing me the next morning. I am wondering if I have two DUI's because there are two citations on the ticket, one for DUI and one for DUI DRUGS? I am not very familiar with legal proceedings, as this is the first time I've ever come in contact with law enforcement. Admittedly, I am quite terrified.
It sounds like the arresting officer thought you were under the influence of alcohol, drugs, or both, so he cited you...
Can i have my dui probation termination early ? what are the chances ?
i got Dui (0.10% BAC from blood test) in year 2015 January 28th, and my court date was 2015 march 16th (San mateo county,ca), i got 3 years probation and i paid all my fines,finished alcohol program and finished sheriffs work program and no criminal history only Dui misdemeanor first offence.Now i want to terminate probation early and apply for expungement.I just want to know is it possible or not and if possible how much they charge for process and how long it will take ? Thanks in advance
You can ask the judge to terminate your probation early, as it seems you have now completed all tasks and half the time...
Can anyone recommend an attorney in the San Mateo area who specializes in filing the expungement form for a first time DUI?
I got a first time DUI misdemeanor in 2012 in San Mateo County, CA and have since completed all the fines and conditions. I kept a copy of all my records too. By the way, the DUI had no aggravating circumstances etc. I am looking to get the DUI expunged. Can anyone recommend an attorney in the San Mateo area who specializes in filing the expungement form? I'd like to get an idea of cost of this legal service and the filing fee/s. I also no longer live in San Mateo, CA so while I don't anticipate that there may be need for a court appearance in this regard, I need to factor in this possibility that I may need representation by an attorney if the court required an appearance.
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