Stanford Crime

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Stanford Law

Rear End collision, person in the front car was drunk and got arrested, who is at fault?
I rear ended a car recently. the guy in front of me slammed his brakes suddenly on the fast lane of a freeway and came to what seemed to me like a complete halt. I hit my brakes immediately after seeing this, but I lost the traction control as it was sort of a down slope. So I hit my brakes and my vehicle slid and hit the car in front of me. The cops arrived soon and the guy in front of me was arrested for being drunk. I have liability coverage only, and my car is in a un-drivable condition now. Who will be deemed as fault? I've been reading about this in many websites and most of them seem to say rear-enders are almost always at fault. So, I'm worried.
The reason you read drivers who rear-end others are typically at fault is because they are most often guilty of failing...
What are the implications of a first time public intoxication? Can i leave the state/country?
I'm a college senior. I was recently arrested for public intoxication. I was put in the drunk tank for 4 hours and then was released (no bail). My record is clean except for this. There is also suspected foul play (roofies and/or sexual assault) for which i cant remember anything. Tests were done, though nothing may be found. A couple questions I had: 1. Will I be able to leave the country? I am supposed to do a volunteering internship in honduras in a month. 2. I plan to apply for medical school. Will this affect anything? 3. Is there anything I can do to lessen my charges/have it removed? 4. Is there anyway to move my court date up?
At this point in time it appears you have been arrested for drunk in public penal code 647(f). Drunk in public is one...
Dui refusal
If the DA offers to strike out a Refusal (because of the discrepancies that led to it) as a plea bargain. If you decide to proceed to trial, can you use that "refusal strike plea bargain offer" against them at the trial. They want to charge for a DUI based on the preliminary breath test result among other tests that will be challenged at the trial.
NO, you cannot. Settlement offers are not evidence of anything, really, and are inadmissible at trial. How would you...
DMV transcripts as evidence in a dui trial.
Can you use police officer statements recorded on DMV transcripts against him in a dui trial as evidence?
Yes, of course, for limited use but this is something that your attorney will address in their 402s. If you don't...
Motion to suppress a dui refusal.
Can you file a motion to suppress a dui refusal if the refusal evidence was obtained through a violation of penal code 118.1? (such as false police report information entered by officer to enhance his case)
You'd have to have an attorney look over this. This is a very specific question and would greatly depend on the facts...
How do I know if my DUI court probation is over?
Had DUI Feb. 2013, court date in May with 3 year probation. How do I know it's over? Also does that mean I can have one glass of wine or drink now? Is my ZERO tolerance over??
If you took a plea or were convicted in May 2013, your probation ended in May of 2016. But, there may have been other...
Is jail time mandatory for a second DUI in California
Hi I was recently pulled over for my second DUI in Marin County my first DUI was in 2009 seven years ago my BAC level for the second DUI I was .20 I already went to court for my first arraignment for the public defender offered me 30 days on house arrest but told me I have to do a mandatory or 4 days in county jail I did two days the night of my arrest and then bailed out I asked if I could do a longer sentence of home arrest what was said that I must do the four days consecutive I work at Tesla Motors and have a very good job I don't know if I can take that time off is there any way out of this
Yes, for a 2nd DUI. Not all cases resolve that way, but generally, the 4 days is mandatory.