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Misdemeanor DUI trial imminent. Can you give an example of what case deficiencies might allow for 1118.1 motion to be granted?
I have an awesome PD and trust my attorney implicitly. S/he knows what s/he's doing, and my question is not asked in some effort to undermine her/him in the planning or execution of my defense. I'm not a JD, don't wanna be. I am curious, wholly naive, and would value any insight any of you JDs might offer. In my case there exists no forensic evidence, no physical evidence (no crash, no dash cam), and no witness statements save those by the officer(s). Also, the officer narrative & report were written well after arrest (7+ days) & contain a number of errors (both inclusive & omissive) directly contradicted by other officers' testimony, dispatch logs, laws of physics etc. Under what circumstances might a 1118.1 in DUI be granted? Can you use a hypothetical DUI case w/more common flaws?
It can only be granted where there is a lack of "substantial evidence" as to one or more elements of the offense. Put...
Extension for dui, and warrant in another court house
i need to get an extension to finish my classes for my dui, but i have a warrant out in a different court house, if i ask for an extension can they see that i have a warrant? or does it only show at the court house i was suppose to show up on
Hire an attorney. The attorney can get the extension for you without you appearing. Then there wouldn't be a concern....
Will there be jail time or just a high fine?
I got pulled over for speeding ended up getting a dui, but i was also driving under a suspended license due to 2 unpaid tickets. I currently enrolled in AA before my court date will that help? i also cant afford a lawyer
First time DUI is a minimum of $1,800. What worries me about your case is that you are more worried about costs rather...
CA restricted license question...PLEASE RESPOND! More advice the better!
I was arrested for a DUI earlier this year. I was later officially convicted (plead) of a DRY Reckless. Before my court conviction, I lost my DMV hearing which resulted in a 4 month license suspension. I was going to "ride out" my suspension but since I was court ordered to enroll in a DUI program I took advantage of the situation and applied for a restricted license. Since the DMV would require me to anyway if I wanted a restricted license. My original DMV suspension was going to expire on August 27th so I figured my restrictions would go away on that date and I would be eligible to receive full license capabilities. However, I found out today from the DMV that they add 2 months onto the original 4 month suspension so now I have to wait until October 27th. RIDICULOUS! Anything I can do??
Why did they say that they were adding two months on to your suspension? That doesn't sound right. Typically, when a...
I got a dui for marijuana ... I was not high
I was down the street from my house driving home, dropped my phone, reached down ,turned and hit the stop sign. A policeman was nearby and pulled up to check on me. I realized I had weed in the car so I put it in my pocket and he asked me what was in my pocket, I told him and told him why and he wrote me up for dui marijuana. Called the ambulance and then left me at the hospital. I am fine. They took blood and I was released. ??? What do I do now?
Hire a local criminal attorney in your hometown.
My son received a total sentence of 46 days in Los Angeles county for second dui misdemeanor - how much time will be serve?
The original sentence is 34 days and 16 additonal because we can't afford the fines/penalties. He will turn himself in on Oct. 5th, 2011. His first dui was 3 years ago, and he was under 21.
34 and 16 is 50 not 46. In county jail you get two days credit for every four days served or about 1/3 in most cases....
I need some help with a 3rd time DUI
I was arrested for DUI up in Valencia. I am 27 years old. They said my alcohol level was .16 and the DA says that this is my 3rd time DUI but I am confused. I thought that the time limit for my prior is 7 years and I was convicted of my first one 9 years ago. My PD says it goes from time I was arrested. Very confused. Also if I go to jail on this can I do rehab or something else instead of jail?
Too much involved to answer online in a summary. An experienced DUI attorney in your jurisdiction can answer all of...
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