Legal Question in DUI Law in California

okay so im 15 with 2 dui's

let's just say i got both in less then a week.

i got one on a Thursday,& the second one on the following week on a sunday. now i have court on jan. 4 for the second one and jan. 6 for the fist one. i was just wondering i f i should get a lawyer?

what are the consequence's im looking at?

is there a possibility of jail time?

till when will i get my license?

how much will the fines be?


Asked on 12/08/10, 9:15 pm

3 Answers from Attorneys

Lawrence Wolf Law Offices of Lawrence Wolf

ok so im 60 with 0 dui's

sure, why not, get a lawyer

and consider walking

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Answered on 12/13/10, 9:28 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

And there's the small problem that you didn't have a license either time. At this rate you'll get your license and your AARP card all at once. If your Mom and/or Dad were to hire me, I could possibly polish this little floral bouquet of a case to the point where you wouldn't have to do jail time and you might possibly be able to get a job during the years 2012 through 2061. Don't wait until Christmas to hire a lawyer, OK?

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Answered on 12/13/10, 10:31 pm
Terry A. Nelson Nelson & Lawless

Nah, why bother getting a lawyer. You could just go plead guilty. You are only facing several misdemeanor criminal charges, each of which carries up to a year in jail, plus other penalties, fines, license suspension, etc. You are also facing several related criminal charges, like driving without a license or insurance, that carry additional jail and penalties. The first DUI conviction will constitute a 'prior' for the next conviction, which increases the penalties. Like all convictions, they stay on your record 'forever', but count as DUI priors for 'enhancement' for 10 years.

When arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion or decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have.

Keep in mind: When you are arrested for DUI, whether alcohol or drugs, upon release from jail or booking, you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license imposed by DMV upon arrest for EACH DUI, which is separate and runs consecutively with any suspension imposed by the court. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does.

I would bet you will have 3-4 years of license suspension to serve out, which will start running only once you would otherwise qualify to get one.

I would also bet that if arrested on DUI again, you will be jailed for a considerable period. If caught driving on a suspended license, that is a misdemeanor with jail time, not a 'ticket'.

The DA and courts are not going to be happy with you. I suggest you grow up and stop breaking the law.

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Answered on 12/14/10, 11:53 am


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