If the blood results come back at under .01 you may be able to petition DMV for the return of your license. You may also be able to petition for a restricted license if you qualify. But your troubles are not over. “Pending” means that the prosecutor has not filed any charges yet with the…
The California DMV has two methods for suspending your license. One is through a DMV hearing. The DMV only suspends through this process for a driver who requests a hearing if the driver is 0.08 BAC or higher, not for legal or illegal drugs in the blood. The second method by which the DMV issues…
DUI’s are charged as a felony if someone other than the driver was injured. It is also the type of crime that can be reduced to a misdemeanor, even if initially charged as a felony. If your girlfriend doesn’t have prior DUI convictions and the person who she hit was not badly injured, his/her attorney…
A DUI conviction can be used a a “prior” DUI for 10 years from the date of the offense for determining minimum punishment in any future DUI case. This means that if you picked up a second DUI within 10 years of the first, it would be considered a second conviction. If it was more…
Different counties punish cases differently and some judges punish more harshly than others. Your best course of action is to have your attorney get an indicated sentence prior to entering the plea. Your attorney has more leverage prior to entering the plea, since judges have pressure to move their calendars. Most counties allow you to…
If you plead guilty to a minor in possession of alcohol, you will lose your driver’s license for one year. Some prosecutor’s offices are more lenient than others. If you can get a conditional plea you may be able to avoid the loss of your license. Usually, a conditional plea will involve you pleading guilty…
Without a test, it will be nearly impossible for the case to be prosecuted. We say ‘nearly’ because if the officer observed some poor driving, smelled marijuana, and you performed poorly on the the field sobriety tests, a case for “under the influence” could still be charged. However, it will be very difficult to prove…
You are correct, this can have an impact on your professional license. You should have an attorney look at every aspect of the situation – including a review of the licensing issues – to reach the best possible outcome. A full review of the cast with an experienced attorney is the best option.
An attorney skilled in DUI defense can be of great assistance, even if the attorney is unable to get a dismissal or a “not guilty” verdict. The attorney can work for a more favorable sentence, advise you on the DMV consequences, and represent you at DMV hearings (which a public defender cannot do). A private…
It is important that you contact us as soon as possible if you are facing criminal charges. Let the experienced criminal defense attorneys at Hammerschmidt Law Corporation protect your rights.
Connect & Stay Informed
Hammerschmidt Law Corporation's criminal defense attorneys are located in Fresno, CA and serve Central California clients, including those in Fresno, Kings, Madera, Tulare, Merced and Stanislaus counties. We are available to represent clients in all federal courts in the United States. Attorney Advertising: This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.