On 4/17/2013, the U.S. Supreme Court ruled that "the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant." I was arrested in 2012, but my case is still in pretrial phase, no Motion to Suppress Evidence has been filed yet.
My question is whether Missouri v. McNeely applies to DUI searches in California prior the 4/17/2013 ruling? see Davis v. United States, 131 S. Ct. 2419 (2011)
Obviously there is no case law on that specific issue but I bet it does.
I got a dui November of 2006 which is exactly 6 years and a half ago. My insurance is super expensive. Can I go back to court and get it expunged or dismissed? No DUI's not violation of probation . since then .
You can go back and file for 1203.4 dismissal, but it wont really do anything as far as insurance goes. Even in court,...
This is what I read online as far as 3rd DUI PENALTY:
• 120 days to 1 year in jail
*(CVC23176) Minimum period of incarceration is reduced to 30 days in jail, if defendant requests and judge orders defendant into a specified school programs. Also see Health & Safety Code 11837.4(a)
The minimum punishment is still 120 days for a third DUI within 10 years in California per VC Section 23548, but if a...
My son has a Violation of Probation for DEJ program and failure to appear. He recently caught a 3rd DUI last month. So now his public defender said we should bundle cases you get " a discounted time " . Which I think is a good idea. How much jail time can be expected from those two offenses by plea bargain or in general. By the way 3rd DUI has BAC OF = .08 % just on the limit
If convicted of the 3rd DUI, California statute mandates that your son serve a minimum of 120 days in jail. Bundling...
My Boyfriend was arrested on a warrant because he didn't show up to court for his 3rd DUI. yes third. Certainly NO ONE wants to go to jail. So I've been investigating like crazy. And according to my research its minimum 120 days in jail.but I've heard there is prisoner over crowding and b/c of this some prisoners are being given 2/3 or 1/2 of time. According to your experience as a lawyer, how long do people usually go to jail for a third DUI offense in a real life scenario not going by the books?
Every case is different based on the crowding situation available at the time. The minimum on a third is 120 days,...
My son got lucky because his 2nd DUI charge was reduced to reckless driving 23103a no jail and his drug possesion had no jail time b/c they signed him to a DEJ diversion program. He was placed on probation which he had it lucky to have conditional fredom without serving jail time.
He failed to show up yo court. failed to sign up for DEJ diversion program. and caught another case same year for another DUI.
He is currently in custody b/c of a warrant , no bail. he's really sorry now for being irresponsible and wants to get out of jail, and do things right .
What is need for probation to be reinstated , for him to stay on the diversion program and avoid jail time.?
I want to hire a lawyer ASAP.
There are some immediate challenges in this situation. One, typically when the court and prosecutor give a defendant a...
I had my first DUI in Dec, 2012. Probation is 3 years. I was planning on applying for citizenship this month (June, 2013). I have already filled out N-400, then to find out I can't apply since I'm still on probation. When can I actually apply? Some says once probation is over. Some says 5 years... I had a speeding ticket 10 years ago, and this DUI, other than that my record is clean. I attend church, and have good reputation among my friends and coworkers. Will that show enough good moral character. I haven’t see my parents in China for over 13 years now. I have been waiting to become a citizen therefore I can finally go back to visit them. Please help!
I suggest you post this question in the Immigration Law section of Avvo.
Best of luck to you.