Question: Can a second dui through the dmv be charged as my first in the courts if the first dui case (in Van Nuys) isn’t picked up by the courts in San Fernando on second DUI?
Answer: If I understand your question correctly, your are curious if the the Court will treat your DUI as a first offense or a second offense. The DMV records are separate from the Court records. For instance, if your first DUI was as a juvenille, it's possible that the Court will treat it as a first offense, but the DMV will still treat it as a second offense (if ... Read more »
Question: I have a DUI expunged in San Fernando, CA and was picked up in Woodland Hills on DUI last week. Will this DUI be treated as a 1st because of the DUI expungement?
Answer: No. The DUI expungement by itself, although it does have many advantages, still remains priorable even after it is expunged. How long ago was your arrest for DUI in San Fernando, CA? If it was more than 10 years from the DUI arrest in Woodland HIlls that is being heard in Van Nuys Court, then it would no longer be priorable based on time passing. ... Read more »
DMV set aside! No license suspension! Read more »
Answer: DUI's and the process leading up to arrest can be confusing. Please call me at 818-336-1384 to discuss your specific question in more detail. If you are under 21 or on probation that requires you to submit to a Preliminary Alcohol Screening test, then you need to complete it if requested by an officer. If you are 21 or over and not on probation, then you ... Read more »
Question: Can the DMV still count a DUI as a second offense even though Airport court never charged the first one against me?
Answer: The DMV can, but it will depend on whether the DMV took action against your license on their own (even though the court did not). Generally, when someone is arrested for a DUI in California, there are two hurdles to handle. The first is the Criminal Court action, and the second is the DMV directly. The DMV can take action against your license even though the Criminal Court ... Read more »
Question: I was arrested in Malibu for DUI 23152a and 23152b. The cop said my breath was 1.3. Is that high?
Answer: Well, your BAC was probably a 0.13 (1.3 BAC is not possible for a living person...). A 0.13 is high, but not tremendously high. It is possible to attack the breath machine used, as well as other factors of your case. Call me at 818-336-1384 (818-336-1DUI) to discuss in further detail. Sincerely, Phil Hache DUI & Criminal Defense Attorney www.1DUILawyer.com Handling DUI and Criminal matters throughout Courts in Southern California. ... Read more »
Question: I have a DUI from 12 years ago from San Fernando Court (under 21 at the time), and received another DUI last week (VC 23152(b) in Van Nuys. Will my sentenced be bigger because I had a prior DUI?
Answer: In short, no. The DUI you recently received in Van Nuys will be treated as a first offense DUI. Although, in pre-trial negotiations, the prosecutor may try to use the prior DUI from San Fernando against you when negotiating. Give me a call at 818-336-1384 to discuss further. Sincerely, Phil Hache DUI & Criminal Defense Attorney www.1DUILawyer.com Handling DUI and Criminal matters throughout Courts in Southern California including ... Read more »
P. V. Randy S. – DUI charges dismissed, reduced to exhibition of speed, a non-alcohol related offense (Van Nuys Court)
Phil Hache DUI and Criminal Defense Read more »
P. V. Steve T. – DUI charges dismissed, reduced to exhibition of speed, a non-alcohol related offense (Metropolitan court, downtown Los Angeles)
Phil Hache DUI & Criminal Defense Attorney Read more »
Answer: The first step is to verify what the bench warrant is exactly. Whether it has to do with that past charge or not. Then the next step would be to go to court to address the situation. Feel free to contact me at 818-336-1384. Different courts handle these harsher than others. I regularly appear in San Fernando Court. Regardless, I would ... Read more »
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