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Santa
Cruz DUI Info and Opinion
For Those Charged with A "Wet
Reckless"
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Source
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Facts
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Santa Cruz Sentinel
August 5, 2010
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"(Ryan Murphy, DUI attorney) said something as small as
one swerve can prompt a DUI car stop by police. From there,
the margin of error with breath tests and blood tests can
be as much as 10 to 20 percent, a factor that can lead
to a DUI arrest being thrown out in court, Murphy said."
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Well, maybe, if Ryan is your attorney. However,
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My Case
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1. Most DUI attorneys are simply harvesters of
low-hanging fruit.
None really want to go to trial. Why is this? "Why bother.
It's too hard.
You need a ladder, and you have to climb way up."
"When business is good, just move from tree to tree".
2. What the Attorneys Think, is - "If you are
charged, you are surely guilty. No officer will arrest you,
unless you are guilty. Seen it 100 times." Oh, yeah? How
about Fake
California DUIs.
3. It DOESN'T MATTER that the police lied -
about 1 fact, or 10 facts.
It DOESN'T MATTER that there was no field test video, so
It DOESN'T MATTER if the officer made things up.
It DOESN'T MATTER if they did not follow procedure.
It DOESN'T MATTER if there was NO Trombetta advisement.
It DOESN'T MATTER if your BrAC was borderline.
It DOESN'T MATTER if there were medication issues.
It DOESN'T MATTER if the evidence breathalyzer hasn't been
calibrated.
It DOESN'T MATTER if the evidence breathalyzer is OLD,
questionable technology.
It DOESN'T MATTER if it was your first offense, ever.
It DOESN'T MATTER if it was the deputy's first arrest,
ever.
It DOESN'T MATTER if you were pulled over, when you DID
NOTHING to give the officer probable cause. He found an
excuse. He can ALWAYS find an excuse.
Other significant factors DON'T MATTER EITHER.
NOTHING MATTERS. You are going down.
4. Want a Second Opinion? Forget about it.
As soon as you call attorney #2, he calls attorney #1.
Attorney #1 says, "Yeah, he is screwed." All these guys know
each other, and talk to each other all the time, as well as
the prosecutors. It is one big cluster club, unless you
bring in someone from out of town - FAR out of town.
Preferably Gerry
Spence.
5. So why get an attorney? Hand-holding.
Period. You don't know the ropes, and you are afraid. You
need to be led along the path. You need reassurance.
Attorneys know this, and use it to their advantage.
However, you gain nothing. You pay $2,500 for the attorney
to go into court, and say 25 words.
The outcome is identical, if you represent yourself. If you
are honest and open, the judge walks you through the
procedure, with the same result. Everything you need to know
is online. The ONLY thing that you must know - You MUST
contact the California DMV within 10 days of your
arrest.
6. If you were charged with 0.09% BrAC, a 20% error
may mean that your actual BrAC was only 0.75% - LEGAL! Your
attorney will NOT challenge this, even with
precedents.
Partition Ratio variation in the general population has not
been sufficiently investigated and challenged. Official
individual Partition Ratio measurement testing should be
easily available locally, and admissable in court.. Reliance
upon ill-conceived pseudo-science "concrete" assumptions
based upon flaky mechanical devices is a pretty shaky system
for establishing guilt.
Check out this place - California
Criminal Lawyer Blog
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California
DUI School Requirements
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Superior
Court Requirements
for Probation
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California
DMV
Requirements
to Get Your License Back
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Wet
Reckless
First Offense
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8-Week Alcohol School: This
is the first level of education that is offered. It is only
offered to those convicted of a charge that is less than a
DUI, such as a "wet reckless" (also known as an alcohol
related reckless driving). BEWARE: completing the 12-hour
alcohol program may not satisfy the DMV. That is just one
reason why it is critical that you consult with a
lawyer in your area that concentrates on DUI defense.
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12-WEEK
Alcohol School: This is the standard
first-offender alcohol education program. It requires
attendance at one three-hour session, for 12 weeks, or
approximately 36 hours of coursework. It may be possible to
get a restricted driver's license to allow for driving to
and from the program.
PLUS
PAY $125 re-issuance fee
FILE a financial responsibility form
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DUI -
First Offense
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12-WEEK
Alcohol School: This is the standard
first-offender alcohol education program. It requires
attendance at one three-hour session, for 12 weeks, or
approximately 36 hours of coursework. It may be possible to
get a restricted driver's license to allow for driving to
and from the program.
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DUI -
Second Offense
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18-Month Alcohol School:
This is the standard program in California for
second-offenders. (Note that in California, the washout
period for prior convictions is seven years, from offense
date to offense date.) The program is divided into several
phases, and typically begins with mandatory attendance at
weekly sessions, gradually changing to every other week.
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DUI -
Third or More Offense
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30-Month Alcohol School:
This is a special program for multiple offenders, offered in
very specialized circumstances for certain multiple
offenders.
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Source: http://www.1800duilaws.com/dui_schools/ca_duischools.asp
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Just TRY
to Figure This Out!
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WHAT is the point of Janus telling
wet-reckless convicts that they need to sign up for a
12-Week class, when in fact, I only needed sign up for an
8-WEEK
class to get my license back?
Some people at
Janus don't know what is going
on.
Some convicts must attend the
8-week school,
BUT
some convicts must attend the 12-week school.
Although I engaged a lawyer, I was never informed of
this distinction.
And the DUI school? Right up there on the wall -
Wet-Reckless = 8 weeks.
That's what I signed up for, and that is what they accepted,
and that is what I completed.
This subject is unbelievably unrepresented, misrepresented
and therefore, misunderstood. My lawyer didn't know it, the
DUI school didn't know it, and my instructor didn't know it.
Who the he|| is supposed to know it?
1-800-DUILAWS
knows it.
Can't the court just make a cheat sheet like this one?
NO! Because, it DEPENDS.
This situation reminds me of the times when I had 2 bosses.
You are going to fail, by definition, because the 2 don't
talk to each other. Just what we have here. Which one is the
boss? Neither. They are BOTH the boss. "Dance, Dance!", you
sum#%(&$%@#.
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Update 9-29-10
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I got my license back. I did NOT have to
take the 12-week alcohol school.
I just had to sit on my butt for 2 hours at the Capitola
DMV.
I suggest that NOBODY ON THE PLANET can tell you whether or
not you must take the 12-week course. Some do, some do not.
How do you know which is which? Email me when you find out.
It is based upon whim, but whose whim? I will never know,
since my lawyer CANCELLED my DMV hearing. Apparently, he
didn't believe it was necessary. EDIT - It turns out he
was right.
NOBODY is going to tell you when you can get your
license back. I COULD have gotten my license back 6
days ago, but nobody told me that. I was wondering why my
license had not arrived, since my suspension period was
over, so I called my Janus Drunk Driving School. They said,
"You probably have to take the 12-week class." Oh,
great. More disinformation. "You MUST call a number in
Sacramento to find out your status."
I called 1-916-657-6525. Busy. I called again. Busy.
Busy, busy, busy, busy, busy, busy.
I got through! "Blah, blah, blah, blah, blah. You will now
be transferred to another number."
BUSY! AAAAAHHHHHHHHHHHHHHHHHH.
I called again. Busy. Again.
Busy.
Finally, I got through again. This time, I got through on
the second number. Nicole told me, "Go down to your local
DMV, pay $125, and they will give you your license."
Great. Sacramento knows. Nobody else knows Jack.
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Update
2-2-2011
Arrest Warrant
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I received a notice in the mail that
there is a warrant out for my arrest.
Why?
I complied with all the court requirements.
I paid my fine in full to the court July 8, 2010.
I completed the 8-week traffic school as specified by Janus,
in the shortest possible time frame.
I confirmed that Janus informed the court that I
completed the required course work.
(This was NOT
true! - They don't do it, as a
matter of course, for wet-reckless cases!)
The DMV reissued my license in September 2010.
So, what was the problem?
I went to court this morning. My attorney did not show
up. We were NOT on the calendar, as I was told. Luckily, I
ran into my old attorney, and he straightened me out in a
jiffy. "Just go to the window in Room 220, and ask the
person behind the counter." She fixed me right up. The
Janus driving school FAILED to notify the court of my
completion, EVEN THOUGH THEY SAID THAT THEY HAD. The
court, for some reason, was expecting a completion statement
from another school called Alto. I didn't go to Alto, I went
to Janus. She quashed the warrant, and put me on the
calendar in for Feb. 16th.
I then went STRAIGHT to Janus on 7th Avenue, and the new
manager there treated me great. She immediately gave me 2
copies of my completion certificate, which I will take into
court in 2 weeks. Thank you, Maria. It is NOT their policy
to routinely send completion certificates to the court -
broken system.
THAT'S what this was all about - a confused court
system.
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Update
2-16-2011
Court Appearance
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I went to Dept. 2, and presented Superior
Court Judge John Gallagher with my Letter of Completion from
Janus, and he dismissed my case forhtwith. Gallagher gets my
vote!
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My
Advice
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After YOU finish your DUI school, get a
Letter of Completion from them BEFORE you leave. Hand carry
it it down to the courthouse to Room 220, and give it to the
clerk. This is the ONLY way that you can be sure that a
warrant will not be issued for your arrest!!!
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Summary of
Wet-Reckless Costs
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Taxi
Attorney
Court Fine
Traffic School
DMV License Reissue
Insurance increase
Transportation
Additional screwing around
Total =
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$ 25
$ 2,500
$ 1,381
$ 293
$ 125
$ 300 (per year)
$ 30
$ 100
$ 4,754
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150
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225 - 600
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225
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