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Dennis Roberts, a P.C.
Dennis Roberts
370 Grand Avenue
Oakland, CA 94610
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Dennis Roberts, a P.C.
Dennis was President of the California Attorneys for Criminal Justice during the 1980-1981 term. CAJC is Americas largest statewide organization of criminal defense lawyers and allied professionals. Dennis has a career which has been broad and varied, often eliciting national attention. Numbered among his clients are the Chicago 8 defendants; Angela Davis; Dennis Banks; the Black Panther Party; Huey P. Newton; and the Farm Workers Union. Of course, Dennis has also represented thousands of regular people who are unfortunately caught up in the crushing criminal justice system. Dennis Roberts is devoted to justice for you, the citizen accused. Dennis has credentials that include being a member of the Board of Directors for the National Association of Criminal Defense Lawyers for the last twelve years.Testimonials
He is My First Phone Call
You will not find a more experienced and dedicated attorney. If I were arrested for anything from spitting on the sidewalk to murder, he is my first phone call. His vast experience is coupled with solid command of the court room. A combination that many a prosecutor has found overwhelming.
Answers
What do I need to do to get this reduced to dry reckless?
Depends on what county you are in, who the judge is and who the DA is. Some counties will only give a wet reckless if .08. Others will do it on .09 but nothigher. You for sure need an attorney to handle this as you will never get a wet reckless on your own.
What is the first step after being released and charged with DUI?
First step is to sober up. Second step is to stop drinking and driving. Third step is to get a lawyer or public defender. The courts hate drunk drivers as it would be so easy to kill an innocent person while you were on the road, loaded.
What is considered failing on a DUI field sobriety test?
No, because the cop will lie and say you couldn't follow the light. Your estimate of 30 seconds was way off, etc.
Can my DUI case be dismissed if the officer didn't read my Miranda Rights?
No. Stop watching those cop shows on TV. The only thing you can do if they do not give you a Miranda warning is get any incriminating statements you made suppressed. Otherwise it is "no harm, no foul".
Under what circumstances can I be charged with a DUI?
If they found you in the back seat with the keys not in the ignition the big question is: Was the hood hot to the touch suggesting recent driving. Did you tell them a friend of yours was driving and left.
How can I qualify for a wet and reckless driving charge instead of a DUI?
It is up to the DA as .08 is the legal limit. You need a lawyer for a shot at a wet reckless.
Do I need to appear in person in court for my DUI trial?
Your question is confusing. If it is a trial you have to show up. But if you don't have an attorney it is probably not the trial but an arraignment. Under California law once you retain an attorney he or she can appear for you at the arraignment.
Can I get a DUI while on marijuana instead of alcohol?
Yes - proven with a blood test.
What is the best way to lower a DUI fine?
If you don't drink there will be no fine.
Does a first offense DUI affect my ability to get a job?
Yes if you are trying to get a job as a driver. Otherwise, probably not. Certainly not a bar tograd school.
Can I get arrested even if I was only sitting in a parked car with the keys in the ignition?
The general test is they will feel the hood. If it is warm you get busted unless this guy shows up, hopefully sober, and says he was the driver. Between us, this one sounds like a total lie and that's how a judge and prosecutor will feel.
Does my sister need an attorney for a first DUI charge?
If her BA was reasonably close to the number where you are drunk; ie limit in CA is .08 and she had a 1.2 - no she doesn't need an attorney. The DA will tell her the deal before she pleads. However if it is much higher then she needs an attorney.
Can PC 1000 be used by a 20 year old to secure delayed entry of judgment/dismissal of this violation?
Yes he can but why bother. After two years the infraction is removed. More important, no one sees it. It is like a speeding ticket. Anyhow have him go to any police station, get printed and pay a few bucks asking for his C. I. & I. That's the CA rap sheet. See what it says. If it is on there, call me.
Is it possible to drop DUI charges due to lack of evidence?
They couldn'tarrestyou for a DUI. That only applies to the driver. They mayhave charged you with being drunk in public. Toobtain the resultsyou want you need to eitherhire a lawyer or go with the public defender. Good luck. If the charge really is a DUI the judge will laught them out of court.
Does a DUI count as a second one if I got my first one in another state?
Yes it does but in CA it only counts as a second if you got the new one within 10 (it used to be 7) years.
What happens if I accidentally missed a court date for a DUI?
Go right to court and ask the clerk to put you on the calendar. When you get before the judge, explain the problem. Your problem is that there is probably a warrant and if you get stopped for speeding, etc you will go to jail, so deal with this immediately. Did you have a lawyer or a Public Defender. If so, get hold of them immediately.
Will I have to serve jail time on a second DUI conviction while on probation?
Yes they can and the DA probably will - but at least when they order your son to make restitution they will credit him with what you have paid.
Is it possible to drop DUI charges due to lack of evidence?
You don't have to be drinking for a minor in possession charge but if more than one person in the car they will have to prove it was yours. Yes plead not guilty as you weren't in possession, someone else was.
Can my DUI case be dismissed if I only blew a .08?
Probably not as that is the legal limit but a good attorney should be able to get you a "wet reckless" which is about half the fine and half the time in DUI school. If you have a prior, however, it is doubtful that you can get a wet reckless.
Can I beat a DUI in court if I blew a 0.05?
Depends what the cop says. If it is just a .05 you are fine unless he also says you couldn't pass the sobriety tests and so he believed you were also doing drugs. Did you take the urine or blood tests as those show whether you have drugs in your system. The breath test doesn't which allows them to make up these "I think he was under the influence of drugs as well as booze" stories.
What are the consequences for a drunk in public arrest?
If this is your first offense it will be a fine and court (non-reporting) probation but if you have a lawyer or P.D. you should see if they can get it down to a 415. A 415 can be punished as an infraction which means you do not have a record. Good luck.
Will a DUI still be on my record after five years?
DUI (VC 23152) can NOT be expunged. Look at Penal Code 1203.4. YOu can find it on google: California Penal Code. The 10 year rule is that if you get another DUI within 10 years of the first, it counts as a second DUI. But after the 10 years your new DUI would be a first.
Disclaimer: The responses above do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. They should not be relied upon as legal advice.