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DUI | DMV

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DUI? DMV issues? License suspension? Traffic violation? This office handles all vehicle law matters including DUI’s.  See below for our articles.

  • Happy St. Patrick’s Day
    March 17, 2015
    happy st patricks day | law office charlotte c lin
     
  • Commercial Drivers and Traffic Tickets
    March 16, 2015
    commercial driver and traffic ticket | Law Office of Charlotte C. Lin
    For commercial drivers, it is imperative that you speak to a traffic attorney right away to hear your options.  I help commercial drivers all the time. The general consensus is that a point on the license will almost always affect their employment. Therefore, I treat these tickets with the highest priority. Many vehicle codes may also ...
  • Violation of a Suspended License Can Carry Huge Punishments!
    March 2, 2015
    license suspension, restricted license, law office of charlotte c lin
      The general misconception is that there is a restricted license for almost anything. This cannot be any further from the truth. Unfortunately, it is hard to explain the details of why this is without going into convoluted legal statutes around license suspensions. To get a restricted license, you must first figure out what statute (law) ...
  • DUI? Traffic? License Suspension?
    February 16, 2015
    traffic dui license suspension
      Our primary focus is on vehicle laws (DUI, traffic, and license suspensions). Even your smallest legal troubles are our highest priority. We understand the needs of the clients, which is why dedicate time writing about legal information, infographics, and tips for you to peruse. We also work with clients to make sure they understand all ...
  • Check us out in the News!
    February 10, 2015
    lincharlotteconsumerprotection (3)
    We are very grateful for all the media coverage on our upcoming case. Thank you Crypto Coin News, Coindesk, and Bitcoinist (special thanks to Scott Fargo) for your hardwork and dedication to the cryptocurrency community. Check out Law Office of Charlotte Lin in the news recently: https://www.cryptocoinsnews.com/knc- class-action- investigation-into-knc-miners-mischief/ http://www.coindesk.com/us-attorney-investigating-potential-class-action-suit-kncminer/ http://bitcoinist.net/bitcoinist-news-bits-knc- ...
  • Negligent Operator California (License Suspension by the DMV)
    February 10, 2015
    license_suspension_lawofficecharlotteclin
    Frequently, a driver in California gets a letter from the DMV informing them their license is facing suspension for having too many points. One frequent scenario is for someone who recently received a conviction for a DUI or for driving over 100mph (or any 2-pointers). This person may have also in the past year gotten ...
  • Can I expunge my DUI early in Ventura County?
    February 2, 2015
    Law Office of Charlotte C. Lin | DUI Expungement
    Ventura County is the harshest county in Southern California to get a DUI. First, you are faced with the heftiest of fines and the harshest of penalties. Then, you are placed on formal probation, the equivalent of what felons are placed on in other counties. After you have done all the hard work complying with ...
  • Got a DUI in Ventura County?
    June 18, 2014
    Cover22 (1)
    You got a DUI in Ventura or Oxnard. First of all, don’t panic. I understand that getting a DUI may be a very scary process, but by educating yourself on the situation, you can have an idea of what to do next. I will refer to drunk driving as “DUI”, but if you are from another state, ...
  • Wiz Khalifa In Jail in Texas for Possession of Marijuana
    May 25, 2014
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    Wiz Khalifa arrested in El Paso on Sunday for after a “green leafy substance” was found during a regular TSA check. Although we appreciate his photo tour of the jail and self-promo of new album “28 grams”, he should probably be using his cell phone to call his lawyer rather than tweeting selfies. Free Trap Wiz. ...
  • Minors and DUI: Under-Age Driver Can Face Harsher Consequences Than Adults!
    May 19, 2014
    Law Office Charlotte C Lin DUI
    Minors and alcohol, or “teen drinking and driving”, create a problematic mix, legally speaking in California. I am referring to “minor” here as one under 21 (not just 18), since the legal age to drink is 21.There are 2 main problems that result from under-age drinking: driving under the influence “DUI”, and Minor in Possession ...
  • Minor in Possession of Alcohol, or Why “Zero Tolerance” Really is Zero Tolerance
    May 19, 2014
    Law Office Charlotte C Lin Traffic DUI
    If you read my other article about Minors and DUI, you will see that I addressed what happens when a minor was driving under the influence. So what about someone <21 who has alcohol (but not in a car, or driving)? A worthwhile mention is “Minor in Possession”, which will trigger both court and DMV consequences. It ...
  • Crime and Punishment (Fourth and Subsequent DUI)
    May 13, 2014
    DUI | DMV
    DUI punishments are exponential with each offense. After 3 DUI convictions, or if you have a prior felony DUI, your attorney should advise you of the potential for state prison. Under VC § 23550, a fourth or subsequent DUI (after 3 other violation of VC § 23152, 23153, or wet reckless) within 10 years is punishable as ...
  • What are the Consequences of a Third Offense DUI?
    May 13, 2014
    A third DUI  (VC § 23152) after two other DUI convictions (whether misdemeanor DUI, felony DUI, or plea of wet reckless VC § 23105.5) within 10 years will result in an exponentially harsher sentence. Check First Offense DUI and Second Offense DUI for background information.  Even with probation granted for a third offense, the court can order jail sentence.     DUI ...
  • What are the Consequences of a Second Time DUI
    May 13, 2014
    A second DUI offense (VC § 23152) after another DUI (whether misdemeanor DUI, felony DUI, or plea of wet reckless VC § 23105.5) within 10 years will result in an harsher sentence. Check First Offense DUI for basic information.       DUI Second Offense: Conditions of Probation  VC § 23542 sets the punishment when the judge grants probation for VC ...
  • What are the consequences of getting a DUI? (First Offense DUI)
    May 8, 2014
    Here I will discuss the punishments for a first offense DUI under VC § 23152 (remember this is generally the non-injury, misdemeanor DUI). Also see a description of common DUI charges. These are the the court punishments. Remember that DMV is a separate proceeding, and will impose its own punishments.  Read here for DMV proceedings for DUI. Court punishment for ...
  • How do they prove BAC at time of driving? (California DUI)
    May 5, 2014
    The BAC taken when the officer pulls someone over and administers the test may be different than the BAC at the time of driving (which may be hours earlier). So how do they prove that the BAC at time it was taken is the BAC at the time of driving for a for DUI case? (First ...
  • Why you can still get a DUI with less than .08% BAC
    May 2, 2014
    Most people arrested for DUI’s are charged with two different counts: Vehicle Code § 23152(a) and Vehicle Code § 23152(b). Generically speaking, they are both “DUI’s”. If you are not familiar with the new VC § 23152, please read the recently updated Vehicle Code § 23152. Also note, these are the usual DUI charges when there wasn’t an ...
  • Will a DUI affect my Deferred Action (DACA/Dream Act) Renewal?
    April 30, 2014
    Having a DUI can be a huge problem for DACA (“Deferred Action”/”Dream Act”) recipients and applicants. There are many other offenses that will count as a criminal bar for DACA (meaning you will not be eligible for DACA), but here I will only talk about DUI’s. Among a host of strict requirements for DACA (see my ...
  • Driver’s License got taken away after a DUI? (DMV Administrative Per Se “APS” Law)
    April 30, 2014
    Here I will attempt to summarize basic DMV laws (a very convoluted topic) that apply after a DUI in California. First, keep in mind that the DMV proceeding is a separate proceeding from the criminal proceeding (in court). The two proceedings may stem from the same offense (the DUI), but they are separate, although sometimes the ...
  • DUI Law CA (amended 2014) Separates out Drugs and Alcohol Charges
    April 29, 2014
    Vehicle Code §23152 (commonly known as DUI) was amended earlier this year. The big difference was that under the old code, section (a), a defendant was charged as being under the influence of any drug or alcohol, or a combination thereof. Thus, criminal defense attorneys had to make sure to cross out any reference of ...