Free DUI Lawyer In California

Reader’s Question:

I plan to use my RV as our primary residence here in San Diego, California but I haven’t gotten it insured. Do you think we need a special type of insurance for our RV?

Haven

Cupertino, CA

Recreational Vehicles are actually special vehicles that would require having a special type of insurance. Neither car insurance nor a home insurance could be able to properly or fully give coverage for the RV and the owners of the RV. You would have to do some thorough research to be able to find the necessary insurance for your needs on your RV. If you are lucky, you do not need to have insurance for your RV. But if you need insurance, you would be lucky to have it.

Since you plan to use the RV as your primary residence in Cupertino, California, you may want to get insurance coverage that will allow full replacement if an accident happens. You could never foresee an event where such insurance coverage is needed but when you need it, you’d be very much grateful to have it. Cardboard boxes do not make much of a home these days. Consider having an insurance coverage when your RV is parked at a campsite so that you could have protection against theft or injuries.

Reader’s Question:

I’m only 14 years old and I really don’t understand the legalities of my brother’s DUI case here in San Diego, California. He told me that he was given a pink paper or something, what is this?

Elbert

San Diego, CA

During your brother’s DUI arrest in  California, the police officer has taken away his California driver’s license and gave him a pink form that is entitled “Suspension Order and Temporary License.” This is a form that would serve as your brother’s temporary license and notice that this temporary license would automatically go into suspension in 30 days unless a hearing on the driver’s license is requested with the California Department of Motor Vehicles (DMV).

Your brother would have 10 calendar days to contact the DMV and request for a hearing. Once the hearing is requested, the driver’s license suspension would automatically be postponed pending the outcome of the DMV hearing. Your brother could be able to choose an in-person DMV hearing or a phone hearing. It would always be better that they request a live hearing. This DMV hearing would be very important on your brother’s DUI case because it would give them a preview of his DUI trial.

Reader’s Question:

What are the criminal penalties for a DWI charge in San Diego, California? How do the administrative proceedings take place? If convicted, what are the possible penalties?

Sandy

San Diego, CA

You will receive a pink slip from the arresting officer upon your arrest for driving while intoxicated. You’ll have ten calendar days from receiving the pink slip to call the DMV and ask for a hearing. If you’ve already hired a DWI attorney, he can also contact the DMV and make arrangements for a hearing. Please note that the time period for requesting a hearing is very strict. If you fail to call within ten calendar days, you will be denied a hearing and your suspension will start once your 30-day temporary license has expired. Your San Diego DWI attorney can also request for the DMV to grant you a stay since your hearing may not come up before the 30-day period ends. A stay means that the validity of your temporary license is extended beyond the original 30-day period.

If you have had more than one conviction, the penalties for DWI in California can be harsh. The penalties can include jail time, fines, court costs, probation, and other penalties designed to prevent offenders from committing the same crime in the future. With every additional conviction, the level of these penalties increases. A fourth offense committed becomes a felony and the mandatory minimums for jail time increase and the other penalties for DWI increase as well with felony charges. Considering how serious this crime is that can impact your life in a negative way, having a San Diego DWI attorney to represent you during your trial and any subsequent proceedings is very important.

Reader’s Question:

I have been living here in San Diego, California almost all my life. We cannot avoid sometimes that after partying the whole night, we need to drive ourselves home with a little alcohol in our system. I know some people who have already been charged with DUI, most of them don’t get away with the tough penalties. But just in case, how can I be arrested for DUI?

Alice

San Diego, CA

Living in San Diego, California could mean a busy life. But sometimes, you can get away with it by having a party with some drinks. If you really can’t avoid drinking and driving on those occasions, it would be unfortunate if you get caught and charged with DUI.

A person is charged with DUI if he/she exceeds the legal limit of .08% blood alcohol content (BAC). Usually, the BAC of the person accused of DUI is used to determine guilt. In California, an arrest for DUI can be made at any blood alcohol level. Some counties routinely prosecute people with BAC levels below .08%. More often, the decision of the patrol officer to arrest drivers depends upon the performance on the field sobriety tests (FST) and the driving pattern (speeding, weaving, an accident, etc). A police officer could arrest for simply being under the influence of alcohol or drugs with no reference to the driver’s BAC level at all. The District Attorney would then file a 23152(a) CVC charge, which is simply DUI. Again, this will likely be based on the police officer’s observations of your driving pattern and performance on FST.

Reader’s Question:

I’m in urgent need of an experienced drunk driving attorney because I was charged with DUI here in San Diego, California. How do I find one and what qualities should I be looking for?

Leonard

San Diego, CA

The best way to measure a qualified DUI lawyer is through their reputation. There are many ways you can find locally known lawyer in California who can represent you. The best means is found simply through asking lawyers in the district who they feel is the most qualified in DUI defense. You can also visit the courthouse in your area to ask bailiffs, clerks, and public defenders as to which DUI lawyer they would recommend.

The highest acknowledgment for a DUI lawyer is Board-certification because it shows a great amount of ability and experience. Another good mark of expertise is membership with the National College for DUI Defense. Even more suitable is the completion of the College’s rigorous 3 day seminar that takes place annually at Harvard Law School.

The qualities that you should be looking for in a San Diego California DUI lawyer are well-stated financial commitment, large amount of DUI cases and a strong background and a reputation of going to trial for strong defenses.

Reader’s Question:

My cousin is in trial now because of a DUI charge in San Diego, California. He has been charged with this before and he mentioned something like a sentence enhancement which he said he was afraid of. He was not able to explain clearly what it is. Could you tell me what does it mean when there is a sentence enhancement?

Mark

San Diego, CA

The laws in the state of California require increased consequences when certain evidence exists. A list of more common cases, which must be alleged in the complaint, is found below.The highest occurrence is a prior conviction for a DUI within 10 years.

If there was any personal injury caused by the driver, the crime will be elevated to a felony. If a death occurs, the offenses could possibly be murder or manslaughter, when special circumstances exist.

The more common cases are as follows:

• The motorist was driving above 20 or 30 miles above the speed limit
• A child was present in the car or vehicle.
• There was a personal injury or property damage.
• The driver refused any chemical testing.
• The driver’s BAC (blood-alcohol concentration) was over .20%
• The driver is under 21 years old. (Zero tolerance laws in the state of
• California usually charge the suspect with a much longer license suspension and require a lower BAC.)

I hope I was able to make clear to you what sentence enhancement is.

Reader’s Question:

What is a “Wet Reckless” in San Diego California?

George.

San Diego CA

Thank you for asking George.

Reckless driving is a misdemeanor in San Diego California and it carries penalties of informal probation, a fine and the possibility of up to 90 days county jail. Depending on the facts, this violation can be negotiated as an alternative to a California DUI conviction in the settlement process. An offense for “wet reckless” and dismissal of DUI charges can be a hard-fought victory and it depends on the circumstances. Your drivers license may also get suspended.

There is a difference between a “dry” and a “wet” reckless. The term “wet” or “dry” denotes if alcohol was involved in the commission of the violation. Typically an offense for a “wet reckless” will require the completion of a 12 to 32 hour alcohol education program, depending on the circumstances. In addition to that, a “wet reckless” is still considered a “prior conviction” for San Diego California DUI charging purposes, so that if an individual is convicted of another DUI in the next 10 years, the penalties will be increased as if the defendant has had a prior conviction for a California DUI. You may speak with an experienced lawyer regarding this to get more information.

Goodluck!

MariCAR