AV Preeminent Peer Rated Attorneys
Grass Valley 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).
AV Preeminent Peer Rated Attorneys
Grass Valley Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Grass Valley 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).
  • 578 Sutton Way, Suite 124, Grass Valley, CA 95945

  • 152 Mill St., Ste. B, Grass Valley, CA 95945

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Commonly Asked DUI/DWI 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.

Why won’t they give me a misdemeanor with injury instead of a felony for a first time offense?

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Answered by attorney Francis John Cowhig (Unclaimed Profile)
DUI/DWI lawyer at Francis John Cowhig
DUI's involving injuries are always classified and filed as felonies. The GBI will have to be proven at trial and the medical reports will determine whether or not the woman has broken bones.
DUI's involving injuries are always classified and filed as felonies. The GBI will have to be proven at trial and the medical reports will determine whether or not the woman has broken bones.
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What happens if I get arrested for DUI and I only have a drivers permit?

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Answered by attorney Terry Alan Nelson (Unclaimed Profile)
DUI/DWI lawyer at Nelson & Lawless
The same as if you had a license, unless you were also in violation of the restrictions of the permit [time, place, etc] When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential ?time?, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does.
The same as if you had a license, unless you were also in violation of the restrictions of the permit [time, place, etc] When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential ?time?, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does.
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How do I get my confiscated license due to DUI from the police?

Hudson Thomas Bair
Answered by attorney Hudson Thomas Bair (Unclaimed Profile)
DUI/DWI lawyer at Kapsack & Bair, LLP
If you are under 21 and you blew a .01 or above (and you state in your question that you did) then your license is taken and you should have been issued a temporary license that explained your right to request a hearing at the DMV prior to the suspension going into effect. You would have had to request that hearing within 10 days of your citation, failure to make the request within 10 days means that your license will be (or was) suspended on the 31st day after the citation was issued. That suspension is one year in duration as you were under 21 at the time of the event.
If you are under 21 and you blew a .01 or above (and you state in your question that you did) then your license is taken and you should have been issued a temporary license that explained your right to request a hearing at the DMV prior to the suspension going into effect. You would have had to request that hearing within 10 days of your citation, failure to make the request within 10 days means that your license will be (or was) suspended on the 31st day after the citation was issued. That suspension is one year in duration as you were under 21 at the time of the event.
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