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The English Law Firm
Robert English
9042 Garfield Ave, Ste 302
Huntington Beach, CA 92646
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Call (714) 421-9858
The English Law Firm
The English Law Firm has over fourteen years of experience in helping clients solve their legal problems. The firm specializes in both aggressively defending clients against criminal charges and helping Orange County and Riverside County families find the legal solutions they need. We will work hard on your criminal court matter to help you obtain the best possible results.Answers
What happens if I get stopped by the police and I have a suspended license?
You can be charged with a Vehicle Code 14601, driving on a suspended license. The offense is a misdemeanor and has the potential for both fines and jail time. If you are charged with this offense, I would recommend hiring an attorney to deal with the matter.
Can my DUI case be dismissed if the officer didn't read my Miranda Rights?
Miranda rights only apply to police interrogations. Failure to read them will not cause your DUI to be dismissed.
Can I get a DUI while on marijuana instead of alcohol?
Yes, you can be convicted of DUI for driving while under the influence of a drug, even a prescription drug, if it impairs your ability to safely operate a motor vehicle. Proof would be based on observed driving, possible blood tests, and other indications (ex. odor of marijuana) of usage.
Do I need an attorney if my son was caught shoplifting?
You definitely need an attorney. Skilled counsel can minimize the potential consequences and maybe even keep the offense off his record.
What are the options and consequences on a 2nd DUI offense?
The consequences can include fines, jail time, license suspension, and an extended (18 month) alcohol program. The exact amounts of these consequences depend on the BAC and other facts of the offense. Your options are to plead guilty, no contest, or fight the case.
What will legally happen to me if I have three strikes?
You have a very serious matter. Three strike priors means that you could be sentenced from 25 years to life on a felony conviction. You need to talk to your attorney about all of your rights and the consequences.
What can happen if my daughter got tickets for driving with a suspended license?
In California, driving with a suspended license can be charged as a VC 14601 et. seq. which is a misdemeanor offense that is punishable by fines, jail time, or both. It is unlikely that there would be any owner liability for this type of offense. She should seek representation to minimize the impact.
Can I be charged with a crime if I made personal charges on a company credit card?
If you were not authorized to make those charges, then it can be a theft crime such as embezzlement. Your company can choose not to report it and may work with you but they don't have to.
Can my DUI case be dismissed if I only blew a .08?
The statute is is VC 23152(b) which is for .08% BAC or higher. You can be convicted at that level. You likely have a defensible case, but it is not automatic by any means. I recommend contacting an attorney.
How is the DMV hearing different from the trial?
The DMV hearing is an administrative per se hearing on your license status. It is often held telephonically but can be in person. The DMV hearing officer will hear argument and evidence as to whether the stop was valid and whether your BAC was over .08%. There are no criminal penalties at the DMV hearing, only potential for license suspension. The court has jurisdiction over the offense as a misdemeanor criminal offense.
Can a DUI charge be dropped after nine years?
The statute of limitations apply before charges are filed. Since you missed your arraignment, you have been a fugitive since 2003. The only reason it might be dropped is due to unavailability of witnesses or evidence, but you will have to fight it out to get to that point.
How can I get a false DUI charge off of my record?
You don't have a criminal record per se. Since you were never charged and convicted, there is no criminal record. However, your arrest will still be in the database and there is not much you can do about that.
What can I do if I cannot appear in court for a DUI charge?
You have to be there or hire an attorney. Otherwise, you will get a warrant issued for your arrest and eventually, the authorities would transport you to court.
How long can you go to jail for a DUI?
You can face jail time and the statue provides for custody up to six months in a non-accident first offense. Generally, however, first offenses do not draw significant jail time in most counties and often have no jail time with a grant of probation.
Disclaimer: The responses above do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. They should not be relied upon as legal advice.