Ben just worked with us on a case, and I have to say it was the best experience with any lawyer that I have ever had. He was caring, professional, and most of all I felt like I was working with a friend. He is smart, and so knowledegable about our case from every angle. I would recommend Ben Mironer to anyone I know looking for an host and hard working lawyer.
Arrested for DUI in Ventura for sleeping in the car "I went to a party in Ventura and drank too much, so I decided to sleep in my car until I sobered up. A police patrol drove by and knocked on my window. He then proceeded to tell me to step out and perform the sobriety test. He also made me blow into a breathalyzer that resulted in a .13% blood alcohol level. I was arrested for a DUI in Ventura even though I wasn't driving and was trying to do the responsible thing. Can he do that? Can I beat that DUI?"
This is the type of situation that MUST be challenged. They are charging you for something you did not do. An essential element the prosecutor must prove in a DUI case is DRIVING. They will try to say the circumstances suggest DUI, but what I do is intervene as soon as possible to attempt to contact the filing DA, and convince them not to file a complaint.
"I thought that was OK as long as the keys weren't in the ignition? What constitutes "driving" under the influence?"
Driving is defined as volitional movement in case law. It's whatever a prosecutor thinks they can prove. They look at circumstantial evidence to decide.
Movement of a motorized vehicle, intentionally under the control of the person.
Volitional - intentional, and under the control of the operator.
Expungement For RN School "I pleaded no contest to a DUI charge a year ago. I currently hold an LVN license and plan to apply to RN school soon. I am interested in getting my record expunge. Is that possible? If so, how can I make that happen?"
You were probably placed on 3 years of informal summary probation. It is important to know which court and which department you were convicted in. The reason is, various Judges interpret the law differently on the issues of terminating probation early on a DUI conviction. In order to expunge your case, we must first get probation terminated. When we request to terminate probation, we request to expunge at the same time. Also, it is important to make sure that all of the court requirements have been met before applying. The reason it is crucial to know which court, and even which department your case was in, is because that will be the court we petition for expungement.
According to the DMV I Failed to Appeal Within 10 Days "In May got a Dui. The arresting officer gave me a copy of the ticket he gave to DMV but ticket had one box checked by the one year suspension and nothing else. The ticket he gave dmv has the refusal of breath test, and refusal of blood and urine test box checked with a three year suspension. I did not appeal within the 10 days because I did not have anything check on my ticket. Dmv says since I didn't appeal within the 10 days there's nothing I can do. Is that true even though the arresting officer gave me a ticket that was different?"
Cal vc 13558 - Any person, who has received a notice of an order of suspension or revocation of the person's privilege to operate a motor vehicle pursuant to Section 13353, 13353.1, 13353.2, 13388, 23612, or 13382 or a notice pursuant to Section 13557, may request a hearing on the matter pursuant to Article 3 (commencing with Section 14100) of Chapter 3, except as otherwise provided in this section. (b) If the person wishes to have a hearing before the effective date of the order of suspension or revocation, the request for a hearing shall be made within 10 days.
The key is if the officer gave improper notice, the timeline starts to run when notice of suspension is received. Usually this happens when the officer gives a notice of suspension after the arrest. We can request a hearing and fight to get her day at the dmv.
This could be a problem for him because it may a term of his probation to abstain from the use of Marijuana. It depends on what he was convicted of, and whether this was a term he was sentenced to. If not, we would have to put the case on calendar to request the court's guidance on whether this is a requirement of his probation, and whether it can be modified. We can explain that it is strictly for medicinal purposes.