Monterey Crime

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Monterey Law

Can an arrest for 23152(a) (DUI) be deemed a detention only when the case is rejected by the D.A.?
Related to the above question... 1.) Does this occur automatically when the case is rejected? Does one receive any formal notification? 2.) If you have to petition someone to have this done, can/should the petition be filed before the 1 yr statute of limitations runs out?
Ir will show as an arrest and no charges filed.. Don't forget about the dmv suspension as that is independent if court...
Do I need to file an SR-22 to get my license back if my DMV suspension was set aside due to being well under the legal limit?
I was arrested for a 1st DUI on a normal non-commercial license. Blood test came back .04, well under .08 so the dmv sent me a letter stating they set aside my suspension. In the same envelope was a form with information about an SR-22. Please tell me I do not have to pay for that and risk my insurance and/or current rates when I was so far below .08.
DMV documentation can be very confusing. That said, if your case was set aside, then no, you do not need an SR-22....
Can health issues factor into DUI jail sentence?
My husband (currently separated) has a DUI/refusal from 2012. He didn't complete community service in time and ended up getting sentenced to serve 13 days' jail time. After getting a few postponements, his surrender date was last Friday. He did not go. He is dealing with some physical/mental issues and was in the hospital last week again. He is seeing a neurologist and an MRI found a cyst/mass on his brain, which the doctor thinks could be contributing to his problems. I don't feel like he's in a fit state to go to jail right now. Do we have any options or should he just turn himself in even though the surrender date has passed? Would a letter from his doctor help?
Obviously all circumstances are different. I would contact the attorney that helped negotiate the plea deal, and let...
How much time will I serve in Monterey on a DUI sentence?
I got sentenced for a first-time DUI in Monterey County (Salinas jail). The sentence is 13 days. Any idea how much actual time I'll do?
You will do half of that which is 7 days. The Salinas jail is so full you could get out sooner but no one can predict...
DUI jail sentence - can medical condition shorten time served?
My husband has a jail sentence (13 days) for a first-time DUI offense. He didn't finish his work alternative program in time (he works for himself and found it very hard to fit in time at the facility he volunteered with). Anyway, the reason he got sentenced to jail is it was a refusal. He is from UK and stupidly thought you could refuse a test here. Anyway - his surrender date is this Friday. He is currently undergoing tests because last week he had an abnormal CT scan. They believe he had a stroke and possibly has a cyst/brain tumor. He is awaiting authorization from our insurance company to proceed with an MRI to find out what's going on. I'm nervous about him being in jail for 13 days while this is ongoing, because he seems to be getting worse. Anything we can do?
Go to clerk and get your case put on calendar ASAP . Have your husband explain situation to judge. A new date should...
How long does it take for probation warrants to expire in California?
I have a 6 year suspended sentence for residential burglary in California. Per our agreement, I was to complete the Delancey Street Foundation. I left, and and am now on the run. My conditional release from custody was in August 2013. Basically, how long will it take for the authorities to stop looking for me? Will it ever go away? Thank you.
Bench warrants do not expire. If you are stopped by the police and your name is run, the warrant will most likely show...
Can a DUI program expel a student who is suspected of being under the influence? How can a "student" protect themselves?
Does a DUI program need proof that a participant is under the influence prior to expelling them? Can one demand a chemical test?
The answer is pretty simple: 1) yes, a DUI can expell someone who's under the influence and 2) you can protect yourself...