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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102191
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My friends daughter (who lives in CA and drives on a CA license)

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My friends daughter (who lives in CA and drives on a CA license) got a DUI in Utah yesterday and was kept overnight in jail. Now released she is going to court today. Two questions: 1) How will this conviction affect her CA license and standing? 2) Is it worth hiring a attorney there who would charge $4000 but says he may not be able to do anything? Thank you.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am sorry for your friend's daughter's situation.

1) How will this conviction affect her CA license and standing?

It will. Both CA and Utah are part of the Driver License Compact - see here. So if her license is suspended in Utah, which may be either if she is found guilty and administratively (unless she challenges it), then, CA would also suspend the license for the time that Utah has it suspended. Also, any conviction will register in CA as 'points' on her license for CA's equivalent, which is 2 points.

2) Is it worth hiring a attorney there who would charge $4000 but says he may not be able to do anything?

Yes, it still is. The prosecutor's leverage is that possible certainty that she would be found guilty if he takes this to trial.

Her leverage is not only possibility of being found not guilty if taken to trial, but also the pressure exerted unto the prosecutor if the defense pushes for trial, which means man hours, preparation, and a lot of court time. Having an attorney makes this leverage "stronger."

However, do get several quotes before settling one an attorney - their fees may differ and one may find one that is cheaper. May I recommend the MartindaleHubble referral - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
Customer: replied 4 years ago.

Since I am a third party getting this second hand (my friend---the mother, has asked me for advice on this) I do not have good details, but the situation seems to be that while stopped for minor speeding, the daughter was found with a very slight (but still legally intolerable) trace of marijuana smoking which was from the day before. This is the basis of the DUI. The defendents (the daughter driving and the boyfriend passenger who was not charged) seem to be of the mind that because it was a very low level from 24 hours earlier----that this should help their case. Does this in any way alter your feelings about hiring an attorney? Thanks.

Friend,

. Does this in any way alter your feelings about hiring an attorney? Thanks.

No - in fact, if she is suspected of having an illegal substance, this makes it ever so much more prudent to retain counsel. I am afraid I have to be a stickler to this one, J. Otherwise, she can be 'made an example' by a zealous prosecutor, and boy, there are a lot of them like that.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups for free after rating. My ultimate goal is your complete satisfaction.
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