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AV Preeminent Peer Rated Attorneys
Oceanside Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Oceanside Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 3642 Ocean Ranch Boulevard, Oceanside, CA 92056

  • 4747 Oceanside Boulevard, Oceanside, CA 92056

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  • 4140 Oceanside Blvd., Ste. 159, Oceanside, CA 92056

  • 110 S. Freeman St., Ste. B, Oceanside, CA 92054

  • 1759 Oceanside Blvd., Ste. C #159, Oceanside, CA 92054

  • 4429 Arbor Cove Cir., Oceanside, CA 92058-6959

  • 3156 Vista Way, Rm. 200, Oceanside, CA 92056-3608

  • Oceanside, CA 92051-2749

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About our Criminal Law Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Criminal Law Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can I get a DUI if I refuse a breath test?

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Answered by attorney Michael Thomas Lynch (Unclaimed Profile)
Criminal Law lawyer at Michael T. Lynch
Yes. A poor result on a breath test will allow the DA to charge you with a violation of CA Vehicle Code section 23152(b). However, even without any chemical testing, the DA can convict an individual for a violation of CA Vehicle Code section 23152(a) using only witness testimony. Additionally, when you received your driver license from DMV you agreed to submit to chemical testing if stopped for a suspected DUI. If you refused such testing DMV has a right to suspend your license for a year, even if you are never convicted of DUI itself.
Yes. A poor result on a breath test will allow the DA to charge you with a violation of CA Vehicle Code section 23152(b). However, even without any chemical testing, the DA can convict an individual for a violation of CA Vehicle Code section 23152(a) using only witness testimony. Additionally, when you received your driver license from DMV you agreed to submit to chemical testing if stopped for a suspected DUI. If you refused such testing DMV has a right to suspend your license for a year, even if you are never convicted of DUI itself.
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How much time could my boyfriend get in jail for being violated for missing two POC apointments

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Answered by attorney George William Woodworth (Unclaimed Profile)
Criminal Law lawyer at Law Offices of George Woodworth and Associates
If your boyfriend was on Parole, and was ordered to complete a rehabilitation program then he probably would have been given specific dates to show Proof of Progress, and then Proof of Completion (POC).Normally in the State of California, anyone who is sentenced to State Prison is admonished that "you can receive one additional year in prison for each violation of your terms and conditions of Parole."Failing to complete a program could be such a violation, however, you should speak to an experienced Attorney who handles Parole matters, to determine if their are legitimate problems or difficulties your boyfriend may have had in completing any such programs, as may excuse or lessen his potential for any additional punishment from the Courts.
If your boyfriend was on Parole, and was ordered to complete a rehabilitation program then he probably would have been given specific dates to show Proof of Progress, and then Proof of Completion (POC).Normally in the State of California, anyone who is sentenced to State Prison is admonished that "you can receive one additional year in prison for each violation of your terms and conditions of Parole."Failing to complete a program could be such a violation, however, you should speak to an experienced Attorney who handles Parole matters, to determine if their are legitimate problems or difficulties your boyfriend may have had in completing any such programs, as may excuse or lessen his potential for any additional punishment from the Courts.
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How do I get a felony expunged if I completed my probation?

Mark A. Broughton
Answered by attorney Mark A. Broughton (Unclaimed Profile)
Criminal Law lawyer at Mark A. Broughton, PC
You're not going to like the answer. As I read your statement, you never completed probation because you didn't complete Prop 36. So, a warrant was probably issued long ago. When you come back the warrant will have to be recalled, and then the case will proceed to judgment. Of course, you could get probation (perhaps prop 36) again. But, you will not be able to expunge your record- at least until after you have truly completed probation. Unfortunately, you can't just not get in trouble when you are on felony probation, at least Prop 36. Good luck!
You're not going to like the answer. As I read your statement, you never completed probation because you didn't complete Prop 36. So, a warrant was probably issued long ago. When you come back the warrant will have to be recalled, and then the case will proceed to judgment. Of course, you could get probation (perhaps prop 36) again. But, you will not be able to expunge your record- at least until after you have truly completed probation. Unfortunately, you can't just not get in trouble when you are on felony probation, at least Prop 36. Good luck!
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