Not anymore. A new state law in California was passed in 2017 that forbids the DMV from suspending your driver’s license solely for unpaid traffic tickets. However, it can suspend your license for a criminal offense of willfully failing to appear in traffic court for those tickets. When can unpaid traffic tickets lead to a …
After a DMV hearing, it can take anywhere from a few days to over a month to receive the notice of hearing results in the mail. The timeframes can vary by state. The workload of the DMV hearing officer will also matter. Once you receive the results, you have the right to appeal. What are …
A DMV refusal hearing is an administrative hearing conducted by the Department of Motor Vehicles after you get arrested for DUI and refuse to submit to a chemical test. The purpose of the hearing is for you to try to prevent the DMV from suspending your driver’s license. If you do not request a hearing within 10 …
The chances of winning your DMV hearing depend on the facts of the case. If law enforcement has a weak case or clearly violated your rights, it is easier to win at the hearing. Regardless of the case, hiring a skilled DUI attorney increases the likelihood of getting a good outcome. What are the odds …
While a doctor cannot revoke your driver’s license on their own, their report of a medical condition can set the revocation process in motion. Doctors are may be legally required to report certain medical conditions to their state’s Department of Motor Vehicles (DMV). This can trigger a DMV hearing that can lead to a license …
Broadly defined, “road rage” is overreacting to some perceived provocation or slight by another driver and expressing your anger and frustration in a manner that is: reckless, threatening, or violent.1 There is no specific offense in California called “road rage.” However, if you act out road rage, it could lead to a driver’s license suspension and various …
After a violation of felony probation in California, there are 3 things that can happen. The judge can: reinstate probation under the original terms, modify the terms of probation to make them stricter, or revoke probation and send you to prison to serve the rest of your sentence. California judges at the probation violation hearing …
Yes, robbery is generally prosecuted as a felony offense. However, most states classify two different degrees of robbery. The less-severe degree may be a misdemeanor in some rare cases. Defendants may also be able to avoid a felony conviction through a plea deal. This is often done by pleading guilty to the crime of theft. What …
The best way to get a child endangerment charge dropped is to present exculpatory evidence. You can do this by: hiring a criminal defense lawyer, gathering evidence, and showing the prosecution that the case against you is weak. You can also engage in the plea bargaining process to get a deal that drops the endangerment …
Section 1983 — Info about bringing a civil rights lawsuitWatch this video on YouTube A Section 1983 lawsuit is a legal claim that demands financial compensation for violations of your civil rights. Four things to know about them in California are: overcoming the qualified immunity defense can be difficult, there is a California state law, …
In California, a hit-and-run is the crime of crashing into someone or something and then fleeing the scene without providing your personal and contact information. Five things to know about this offense in California are: there are 2 different statutes that could apply, the criminal penalties for a conviction can be significant, points will be assessed …
Nursing home abuse lawsuits can take anywhere from a couple of months to over 2 years to settle. If the insurance company makes a fair settlement offer before the lawsuit is filed, it can end quickly. If no fair offers are made, the case can go to trial and take much longer. What is a …
Most wrongful death lawsuits settle out-of-court. How much they settle for largely depends on these 7 factors: the victim’s age and earning potential, the victim’s shared fault, insurance policy limits, the family’s other lost benefits, the ages and needs of the victim’s dependents, applicable damage caps, and effective legal representation. 1. The age and earning …
The amount that personal injury lawyers take from a settlement depends on the contingency fee agreement. It is generally around 33 percent. It can increase if the case goes to trial. Many states have laws that regulate the percentage used. They also may require a clear and unambiguous contingency fee agreement. What is a contingency …
In California, the penalty for a misdemeanor conviction can be up to 364 days in county jail and a fine of up to $1000.00. However, by default, misdemeanors are punishable by 6 months in county jail unless the specific statute says differently. These offenses can also result in fines and/or misdemeanor (or summary) probation (with …
If you are found to be in violation of felony probation, the court can sentence you to up to the amount of jail or prison time that was suspended at sentencing. If there was no custody time suspended, then the court has the discretion to sentence you to up to the maximum term for the …
The main difference between a Bivens lawsuit and a claim under 42 U.S.C. 1983 is that a Bivens claim covers the federal government and its agents. Section 1983 claims, by contrast, cover local or state officials or agencies. Bivens lawsuits are also limited to constitutional violations, rather than violations of state or federal law, and …
Is it illegal to record someone's conversation in California?Watch this video on YouTube California is a “two-party consent” state, meaning it is illegal to record a conversation without all parties’ consent. Without everyone’s consent, you are unlawfully eavesdropping under California Penal Code 632 PC. Here are five key things to know: Eavesdropping is a wobbler, …
A personal injury lawsuit is a formal demand for compensation for losses that the injured person has sustained. They can go through 7 stages: the victim gets hurt, the victim hires a personal injury lawyer, an insurance claim is filed, if no fair settlement offer is made, the victim’s lawyer negotiates on his or her …
Petty theft with a prior is a criminal charge for a minor theft against someone who has been convicted of theft in the past. Because of the prior convictions, the penalties that the new charge carries are higher. Different state laws have different sentencing enhancements for this situation. What is petty theft? Petty theft is …
Determining who is at fault for a multiple-car accident is complicated. These are car crashes that involve three or more motor vehicles. While some general presumptions exist about who is at fault, an investigation may prove them wrong. Once fault is established, the responsible party will be liable for compensating the victims based on their state’s …
California’s definition of assault weapons includes specific models such as the AK and Colt AR-15 series in addition to guns with assaultive as opposed to defensive features, including semiautomatic centerfire rifles with the capacity for a detachable magazine and either a pistol grip that protrudes conspicuously beneath the action of the gun, a thumbhole stock, …
It is generally illegal in California to carry firearms in public, regardless of whether they are loaded, unloaded, openly carried or concealed. That said, there is still an exception that allows counties with populations of less than 200,000 to issue licenses to people to open-carry loaded handguns (not long guns). 1. Is open carry legal …
In California, the Department of Motor Vehicles (DMV) must be notified of reportable car accidents within ten days. Law enforcement must be notified within 24 hours. Failing to do this can lead to legal consequences. Your car insurance company must also be notified according to the terms of the auto insurance policy. What is a …
While you do not necessarily need a lawyer to file a slip-and-fall case, having one has numerous benefits. A lawyer can: increase your odds of success, reduce the stress of filing the case, help you understand what you may be entitled to receive, and help you make informed decisions during the process. What does a …
