AV Preeminent Peer Rated Attorneys
Felicity 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
Felicity Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Felicity 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).
  • 506 W. Aten Road, Suite 6, Imperial, CA 92251-9718

  • 527 S. 4th St., El Centro, CA 92243

  • 427 West Main Street, El Centro, CA 92243

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  • 1130 W. Hobsonway, Suite 101, Blythe, CA 92225

  • 825 W. Main St., El Centro, CA 92243

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About our DUI/DWI 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 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.

With my DUI, is there any probability that I can get this thrown out?

Hudson Thomas Bair
Answered by attorney Hudson Thomas Bair (Unclaimed Profile)
DUI/DWI lawyer at Kapsack & Bair, LLP
You need to discuss this with a DUI attorney in your area. Under these facts, if they can be proven, you have a good case. Your question relates to having the charges dismissed is difficult to answer, most prosecuting agencies will not dismiss a .23 with a "near" collision, you will likely have to prove it to a jury of your peers. Again, a DUI attorney can help you with this.
You need to discuss this with a DUI attorney in your area. Under these facts, if they can be proven, you have a good case. Your question relates to having the charges dismissed is difficult to answer, most prosecuting agencies will not dismiss a .23 with a "near" collision, you will likely have to prove it to a jury of your peers. Again, a DUI attorney can help you with this.
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Is this considered a DUI on his DMV record or an expunged conviction?

default-avatar
Answered by attorney Edward Jerome Blum (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Edward J. Blum
Yes. If he gets a second DUI and the first was dismissed at court it will count as a second for dmv purposes.
Yes. If he gets a second DUI and the first was dismissed at court it will count as a second for dmv purposes.

How can I get my DUI dismissed?

default-avatar
Answered by attorney Terry Alan Nelson (Unclaimed Profile)
DUI/DWI lawyer at Nelson & Lawless
How can I get my DUI dismissed? By proving to the DA you were absolutely not DUI. Hard to do when you blew a BA over twice the legal limit and will have officer testimony against you. What can I do? Defend the charges. A little free advice: If arrested for DUI, 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, n 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. 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? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. While this isn't a 'capital case', it certainly carries potential jail, so handle it right. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal and factual arguments, for evidence suppression, search and seizure, or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. 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.
How can I get my DUI dismissed? By proving to the DA you were absolutely not DUI. Hard to do when you blew a BA over twice the legal limit and will have officer testimony against you. What can I do? Defend the charges. A little free advice: If arrested for DUI, 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, n 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. 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? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. While this isn't a 'capital case', it certainly carries potential jail, so handle it right. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal and factual arguments, for evidence suppression, search and seizure, or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. 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.
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