Month: January 2020

DUI with Child Endangerment in California

California Laws -DUI with Child Endangerment

When it comes to drinking and driving, most people who get behind the wheel after a few drinks never take the time to think about the consequences of their actions, especially if they were driving with a child in their vehicle when they were pulled over.

If you or someone you know was recently arrested for DUI, and they had a child with them in the vehicle, this blog post will provide you with more information about what they can expect following their arrest for DUI with child endangerment.

What to Expect Following an Arrest for DUI with Child Endangerment

Drivers who are pulled over and are found to be intoxicated may face possibly being sentenced to up to six months in jail. Felony DUI charges could potentially mean jail time. Thankfully, when a driver who was arrested for DUI hires an aggressive DUI attorney, they may be able to eliminate the threat of jail time when their lawyer negotiates with the court.

The consequences change though if a driver is found to be intoxicated while driving with a child.

Vehicle Code 23572 VC states that if a driver is pulled over and found to be intoxicated with a child under the age of 14 in their vehicle, they can expect to spend at least 48 hours in jail if it’s their first offense, 10 days in jail for their second offense, 30 days for a third offense, and then 90 days or longer for any subsequent offense after that.

For drivers who may be going through family law litigation, it’s important for us to note that their DUI with Child Endangerment arrest case may negatively impact their current litigation, and it’s possible that they could lose their parental rights as a result of their conviction. This is why any driver who is arrested for DUI with child endangerment must hire an experienced Oakland Criminal Defense Lawyer to represent them so that they can have confidence that they can prevent the possibility of being convicted.

Call Our Bay Area Criminal Defense Attorney (510) 842-0750

Yes, it’s true that drivers who are pulled over for driving while under the influence even if they have a child in their vehicle at the time do not have to plead guilty.

If you or someone you know was recently pulled over for DUI with Child Endangerment, don’t waste another minute wondering what they are going to do next, encourage them to contact the Lamano Law Office today by calling us at (510) 842-0750 to start working with our Bay Area Criminal Defense Attorneys today.

Our law firm has an experienced team of lawyers who are skilled at both negotiation and litigation. When they rely on our guidance and experience, they can have confidence that their DUI charge may be reduced to a more common “wet reckless” charge, which doesn’t include any mandatory jail time or the possible mention of having a minor in their vehicle at the time of their arrest on their record.

Time is of the essence! Don’t spend another hour letting your friend or family member wondering what they are going to do next, encourage them to contact our law firm today for a free case evaluation to start exploring all of the options that they have available to them and let us help them move past this time in their life.

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How to Clean Up Your Record

Hi, my name is Givelle Lamano and I’m the principal attorney at Lamano Law Office. The goal of this video is to tell you what you need to do to clean up your record. There are generally two avenues to clean up your criminal record. The first one is called a penal code 1203.4 and the second one is called a penal code 851.8.

The first one is called a motion to dismiss in the interest of justice. It’s important for you to understand what this is going to look like on your criminal record. In the event that an employer or somebody who’s doing a background check wants to look you up.
What’s going to end up showing is the year and the date that you were arrested. The year and the date that you were convicted. And then finally this 1203.4 motion which says that the charges were dismissed in the interest of justice.

Now, if you’re applying for a job it’s very possible that a sophisticated human resources manager will know exactly what a 1203.4 is. In other words, they’ll know that the charges weren’t dismissed but that you filed to get it off of your record at a later date.
However, some people are not that sophisticated and in filling out an application you might actually be able to check the box that says have you been charged with a crime, and say yes, and in the portion where it asks you to explain you can say you got the charges dismissed. It’s a bit vague, and if your employer or somebody who’s asking you wants to ask about it, you can explain what a 1203.4 motion is, and what the purpose of that motion is and that is to dismiss the charges in the interest of justice as approved by the court.

The second avenue is what’s called a penal code 851.8 which is also known as a motion for factual innocence. This is a situation where you get arrested and you get charged with a crime and the charges are dismissed against you because there was no factual basis to show that you actually committed a crime.

It happens all the time. People are wrongfully arrested. Wrongfully accused, and then they have this arrest record that they want to get off of their back. In order to do that, this is the avenue that you want to file, which is a penal code 851.8. Both these motions take some time in court. It could take anywhere between 45 to 90 days to draft the paperwork, file the paperwork, get a date in court, and finally have somebody argue that on your behalf. And generally, this is an attorney. You could potentially do this on your own, but you do take a little bit of the risk because you’re expected to know the law and meet the standards that the court requires in order to potentially grant these motions.

So at the end of the day what I recommend is if you want to take care of you clearing up your record, the best thing you can do is contact us, tell us what type of record you have, what county it happened in, and why you want to get this done. We’ll likely present this to the court in the most positive light so that you get the result that you want and that is a clean record.
Thanks for listening and give us a call if there are any other questions that you might have.

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