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Lewiston 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
Lewiston Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Lewiston 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).
  • Serving Lewiston, CA and Trinity County, California

  • Law Firm with 1 lawyer1 award

  • Criminal defense charges can have a major impact on your life both presently and in the future. Let Douglas L. Gardner Attorney at Law assist you with your criminal defense matter.... Read More

  • DUI/DWI LawyersCriminal Law, Felonies, and 14 more

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Douglas Gardner
DUI/DWI Lawyer
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  • Serving Lewiston, CA and Trinity County, California

  • Law Firm with 1 lawyer

  • My goal is to defend or represent your rights as though they were my own. In other words, my goal is to pursue every legal process possible on your behalf and to act as quickly and... Read More

  • DUI/DWI LawyersAutomobile Accidents, Criminal Law, and 20 more

Robert Lee Hamilton
DUI/DWI Lawyer
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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.

If you ask for a blood test at a DUI stop and are denied what can you do?

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Answered by attorney Francis John Cowhig (Unclaimed Profile)
DUI/DWI lawyer at Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
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When getting arrested for a DUI, do you have to be read your miranda rights?

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Answered by attorney Joseph A Katz (Unclaimed Profile)
DUI/DWI lawyer at Joseph A. Katz Attorney at Law PLC
DUI "investigatory detentions' are one of the District Attorney's favorite legal fictions, but have been held not to violate Miranda. The should not stop Attorneys from filing In Limine motions to exclude any admissions or confessions taken in violation of Miranda pursuant to Evidence Code section 402 hearings. You do not have to be read your Miranda rights if you are not questioned. Even then, the remedy for a Miranda violation turns on the question of the admissibility of the evidence. The best practice is to politely decline to answer questions during a DUI stop and investigation, and refuse to participate in any Field Sobriety Testing. Do not let an officer waive a flashlight in your eyes for a second, so that he or she can then say that you exhibited 'horizontal gaze nystagmus'. You must, however, pursuant to California's 'Implied Consent' law, submit to blood or breath (used to include urine) sample testing up reasonable suspicion by law enforcement that you were driving under the influence of alcohol or drugs.
DUI "investigatory detentions' are one of the District Attorney's favorite legal fictions, but have been held not to violate Miranda. The should not stop Attorneys from filing In Limine motions to exclude any admissions or confessions taken in violation of Miranda pursuant to Evidence Code section 402 hearings. You do not have to be read your Miranda rights if you are not questioned. Even then, the remedy for a Miranda violation turns on the question of the admissibility of the evidence. The best practice is to politely decline to answer questions during a DUI stop and investigation, and refuse to participate in any Field Sobriety Testing. Do not let an officer waive a flashlight in your eyes for a second, so that he or she can then say that you exhibited 'horizontal gaze nystagmus'. You must, however, pursuant to California's 'Implied Consent' law, submit to blood or breath (used to include urine) sample testing up reasonable suspicion by law enforcement that you were driving under the influence of alcohol or drugs.
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I recently received a DUI on the 17th of this month, am I required to notify the DMV of it?

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Answered by attorney Francis John Cowhig (Unclaimed Profile)
DUI/DWI lawyer at Francis John Cowhig
Additional information is needed to accurately answer this question. With that being said, I am assuming that at the time of your arrest, your license was taken by the arresting officer and you were given a pink paper, which is a temporary license and which will expire in 30 days from the date of your arrest, at which time you driving privileges will be suspended. If you wish to dispute the license suspension, you or your attorney, must contact DMV within 10 days from the date you received the temporary license (pink paper) and request an Admin Per se hearing. If you fail to request the hearing within the 10 days, you will lose your right to a hearing. Please note that this is in addition to any court appearance date given to you when you were cited.
Additional information is needed to accurately answer this question. With that being said, I am assuming that at the time of your arrest, your license was taken by the arresting officer and you were given a pink paper, which is a temporary license and which will expire in 30 days from the date of your arrest, at which time you driving privileges will be suspended. If you wish to dispute the license suspension, you or your attorney, must contact DMV within 10 days from the date you received the temporary license (pink paper) and request an Admin Per se hearing. If you fail to request the hearing within the 10 days, you will lose your right to a hearing. Please note that this is in addition to any court appearance date given to you when you were cited.
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