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04/24/2015
By: Roxanne E.
Noriega James E Law Office Of
Recently I needed to get a second opinion on a personal injury case, and was referred to Mr. Noriega by some friends. I initially phoned on a Friday afternoon expecting to get a return call on Monday; imagine my surprise at having my call returned on a Saturday! After asking a number of pertinent questions, Mr. Noriega determined my case was too far along for him to take the case, unfortunately. In spite of that, he was very patient in listening (and really hearing) my many questions and concerns, and addressed each issue at length. This guy has decades of legal experience, and this becomes evident soon after initiating a conversation with him. He is CRAZY brilliant! Not only that, while speaking with him I felt like he genuinely cared about the outcome of my case. Mr. Noriega took the time to give me the right type of legal advice that made me feel EMPOWERED, very un-like the attorney I had already hired. My only regret is not finding Mr. Noriega early enough so that I could have hired him to represent me. I have since phoned him back with additional questions, and he has continued to expend both time and energy answering questions that my current PAID attorney has not addressed. Everyone I spoke with in his office went out of their way to be both helpful and empathetic. If you find yourself unfortunate enough to need a personal injury attorney, I would highly recommend Mr. Noriega. You won't be disappointed!
Tips & Advices
A DMV hearing is a person's chance to give his or her testimony regarding the arrest and provide any evidence. It's an administrative procedure, not a criminal hearing, so a person won't be declared innocent or guilty at this time. People can bring an attorney with them, but this hearing must be scheduled within 10 days of the arrest.
Breathalyzers are commonly used and widely accepted, but have some faults. Alcohol-containing substances in the mouth, like mouthwash or stomach acid, could result in a falsely high reading. Some devices can malfunction, or may be incorrectly calibrated. Blood tests are the most accurate tests.
For a misdemeanor, a speedy trial should take 90 days, but most cases are resolved in three to six months. For a felony, a speedy trial should take 175 days, and most cases are resolved in five to seven months. In bigger cities or larger population areas, felonies might take several years to resolve.
A DUI will stay on someone's record for at least five years, and could be longer depending on which state the person lives in.
Different states define felonies differently. Some common ways a DUI can be elevated from a misdemeanor to a felony include:
  • If someone was injured.
  • If your BAC is elevated to a certain limit set by law. This limit is usually around .16.
  • If there are children in the vehicle.
  • If the driver has prior DUIs​.
  • If the driver's license is suspended, revoked or restricted.

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