Ray Hrdlicka – Host – Attorneys.Media “So let me ask you a question. We’ve got a probation period of one year. DUI. Nothing happens within that year. 370 days, he gets another one. Is that, would that charge, or with the severity of that charge, in the final resolution of that charge, that second one […]
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Ray Hrdlicka – Host – Attorneys.Media “So essentially, by weapon charges, it’s a firearm, it’s an enhancement, I would assume to the underlying crime, right?” Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Sometimes, I mean, most of the time it’s drugs and guns, but a lot of the time, I have a
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Ray Hrdlicka – Host – Attorneys.Media “That sounds like, hey, this is a good county. Go do something and this is not. And then if it’s within a county, I would assume, hey, this DA, assistant DA is going to be great to be on the other side versus this one. I mean, that whole
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Ray Hrdlicka – Host – Attorneys.Media “When somebody is on probation or parole, do they give up all their rights? Do they retain some of their rights?” Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Well, it’s a good question. You give up a lot of your rights. It is interesting. Parole and
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Ray Hrdlicka – Host – Attorneys.Media “There’s a lot of misconceptions about that whole situation. And is it different between the first or the second or the third DUI? Because then you got a serial alcoholic, more than likely. Because in a first DUI, I mean, realistically that can happen, a woman is 125 pounds,
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Ray Hrdlicka – Host – Attorneys.Media “You said something earlier…that the field sobriety tests are voluntary.” Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Correct.” Ray Hrdlicka – Host – Attorneys.Media “Well, one of the places that I read that, if you don’t, if you fail and refuse, fail to take refuse to
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Ray Hrdlicka – Host – Attorneys.Media “Somebody walks into your office. And what is the most common misconception? When somebody comes to see you, a criminal defense attorney what’s one of the most common misconceptions? When they sit down in front of you and they start talking, you realize, oh, man, let me correct this.”
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Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “But you do give up a lot of your rights. And one of those rights is, basically, the right to be searched. And like, if you are on probation, you have usually a term of probation, as you’ve been given, what’s called Bravo search terms.
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Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “Now NHTSA, National Highway Transportation Safety Administration board, they have created these tests, and they’re shown how you do these tests, how you instruct the person to do these tests, and all the clues that will show impairment. For example, the clue isn’t that you
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Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA “So, you…but to prove somebody is not driving with a 0.08 or above is a little bit more difficult to accomplish when they’ve got a blood alcohol result saying 0.12. Or an evidentiary breath test…say 0.15. So, you can’t really attack whether the person is
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