Legal Question in DUI Law in California

My sister got a DUI warning say a month ago, she got a DUI a week after. She received court for her DUI 2wks later and just recently she is receiving a notice that she needs to appear before court for her warning. Will her having a DUI affect this? And will she have to serve time?


Asked on 10/25/11, 4:58 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Doesn't she have a lawyer for her criminal charges yet? I assume she missed the 10 day DMV deadline, so her license is suspended. I don't know what you mean by "received court." I hope this was just a notice and she didn't go to court by herself. DUIs are serious charges and she needs legal representation on her first court date. Otherwise they will have their way with her, and the rest of her life could be very different.

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Answered on 10/25/11, 5:04 pm
Terry A. Nelson Nelson & Lawless

Affect her? Of course.

You�ll learn the actual charge[s] filed and get copies of all the police reports and test results when appearing for arraignment at the first court hearing in each case. Those case may end up consolidated together if they are in the same court. The prosecutors can amend at any time they believe they can prove additional or different charges, such as 'priors' and warnings. The charges determine how much �time� would be imposed if convicted.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

Keep in mind a little free advice: When charged or arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 10/25/11, 5:37 pm


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