FAQs

LEMON LAW

What Does It Cost to Hire a Lemon Law Attorney?

Nothing.  In California, the Song-Beverly Warranty Act requires the manufacturer to pay the attorney fees if the consumer’s vehicle is a lemon.  So, in short, it does not cost anything to hire a lemon law attorney.  The manufacturer will be responsible for paying all attorney fees.

Does the California Lemon Law Apply to Used Cars?

The term “new motor vehicle” includes not only brand-new vehicles first sold at retail but also used vehicles sold or leased with any of the original manufacturer’s new motor vehicle warranty remaining. Vehicles excluded from the reach of the California Lemon Law are vehicles purchased in private sales and vehicles purchased and serviced outside of California.

Does the California Lemon Law Apply to a Commercial Vehicle Sold for Business Use?

Yes. Even a commercial vehicle sold to an entity with five or fewer vehicles registered to it still qualifies as consumer use.  (Civ. Code ยง 1793.22(e)(2).)

Why Do I Need a Lawyer?

Whether an impairment is substantial or not is a question of fact for the jury.  Thus, even though the test is objective, it is evaluated from the standpoint of a reasonable buyer in the position and circumstances of the plaintiff. 

This makes summary judgment an unlikely tool in most cases.  The practitioner needs to approach a trial with a view toward placing the effect or impact of the malfunctioning component in context, with the plaintiff’s counsel focusing on any particular circumstances of the buyer or lessee that may make the defect more important or material, and with defense counsel seeking to diminish its significance in light of all other properly functioning components or systems.

Law Office of Freddie Alikhani provides free case assessment, document analysis, and legal advice regarding consumer rights under the California Lemon Act.  We will explain legal issues and procedures to you in person or a virtual meeting free of charge.  By consulting with our law firm, you can better understand the nature of your case and what is involved in a California Lemon Law litigation.  If you retain our services, your case will be dealt with professionally, aggressively, and in such a way that you can achieve maximum recovery in the shortest possible time.

Our law firm has extensive knowledge of law firms’ strengths, weaknesses, and litigation styles representing manufacturers and retailers.  Knowing about our opponents’ propensity to dispute has proven highly beneficial to our clients.

What Damages Are Not Recoverable?

Emotional distress damages are not recoverable.  Loss of use damages is typically not recoverable, although the loss of use factors into whether the defect is substantially impairing. 

DUI

Do I have to take the Breathalyzer Test? 

The short answer to this DUI question is NO.  DUI officers are allowed to force DUI arrestees to take DUI Breath tests because the results of these DUI breathalyzer tests can be used against you in court if you decide to fight your DUI charges.  DUI attorneys usually advise people not without legal representation before taking DUI Breath tests, but DUI Breathalyzers are not mandatory because DUI legislation states that DUI blood tests are the only DUI tests required by law.

What Can I Do To Protect My Driver’s License After Being Arrested for a DUI?

If you’ve been arrested for a DUI, you may be wondering what you can do to protect your driver’s license. The first thing you should know is that you have the right to a DMV hearing. This hearing is separate from your criminal court case and is held to determine whether or not your license will be suspended or revoked. 

The DMV hearing process is entirely different from a criminal court proceeding. The DMV hearing officer will evaluate the circumstances of your DUI arrest to see if you should lose driving privileges. A dismissed criminal charge may still result in a one-year suspension from the DMV. 

At the DMV hearing, the officer who arrested you will testify about the circumstances of your arrest and whether or not they believe you were driving under the influence. You will also have the opportunity to present evidence and cross-examine witnesses. An administrative law judge will then determine whether or not your license should be suspended or revoked. 

If you have been arrested for DUI in California, your priority should be preserving your driving privileges. A DUI conviction can result in losing your driver’s license, so it is vital to take steps to protect yourself. The first step is to request a DMV hearing within ten days of your arrest. This hearing allows you to contest the license suspension. 

At the DMV hearing, both you and the arresting officer will have the opportunity to present evidence. The arresting officer will testify about the circumstances of your arrest, and you will be able to cross-examine the officer and present your evidence. An administrative law judge will then decide whether or not your license should be suspended. If you are successful at the DMV hearing, your license will not be suspended. 

Restricted Driver’s License in California 

If you missed the deadline to request a hearing or lost your hearing and your driver’s license was suspended, you might be able to get a restricted license. A limited driving privilege allows people with suspended licenses to go to work or school, take DUI classes, and travel to receive health services as needed. People who refused breath or alcohol testing will not be eligible for a restricted license.

To acquire a restricted driver’s license, you must fulfill specific criteria, such as:

  1. It has been 30-days passed since the issuance of your temporary license. 
  2. Finishing DUI courses or other court-ordered programs. 
  3. Obtain an SR-22 certificate of financial responsibility from your auto insurance company. 
  4. If it is your second DUI, you must wait 90 days before applying for another driver’s license.

Do I submit to a Field Sobriety Test?