Legal Question in Criminal Law in California

Dui

I was in a car accident, and from what I remember, another vehicle cut me off and side-swipped my car. My car spun out and crashed. After the accident, an off-duty officer, who was a witness, pulled over and checked on myself and the other driver. The off-duty officer stated he believed that it was the other driver's fault. The other driver asked for my insurance & I gave him the information. Without providing me his information, he then left the scene with my insurance information, while the off duty officer followed & detained him. CHP arrived & proceeded with sobriety tests, all of which I passed. Then CHP decided to give me the breathalizer, which showed I was below legal limit. CHP decided to do another test, which showed I was at legal limit - .08%. Although there was severe damage to the side of my vehicle, CHP decided to report the damage as a rear-end. I was arrested for a DUI & CHP took a blood sample at a nearby parking lot, where the other driver was detained. I was complaining about chest pains for 1 hour, and was finally released to an emergency room. I have no prior convictions or arrests. What are my options for having the DUI charges dropped or reduced?


Asked on 2/01/09, 3:10 pm

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Dui

You have the same options as anyone else charged with DUI or any other crime. Defend the charges with whatever facts and evidence you have. The goal is to either negotiate a 'deal' or go to trial. If you don't know how to effectively do this, you should hire an experienced attorney who does.

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Answered on 2/02/09, 1:58 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Dui

Since you had two breathalyzer tests, and only one was .08, you have an excellent chance of beating the DUI assuming, of course, that you hire a private lawyer. More to the point, you may have a good lawsuit for your injuries. Watch out for legal time limits.

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Answered on 2/01/09, 4:34 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: Dui

You need to hire a private attorney to give your case the attention it deserves especially since you passed the field sobriety tests and one of the breathalyzers. You need to act fast because you only have 10 days from your ticket to schedule a DMV hearing or else you will waive your rights and likely get stuck with at least a 4 month driver's license suspension. Additionally, you will have to deal with the criminal aspect of your trial. In your case, because there was property damage and possibly physical injury, the DA might be zealous enough to file special enhancements, meaning that if convicted, you would be facing more than the standard DUI penalty.

Hire an attorney, fast. We are in your area. If you are serious about help, contact us.

www.NotGuiltyInCA.com

George M.

714.904.1669

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Answered on 2/01/09, 9:58 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Dui

Whenever you are accused of or charged with a crime your best option is always the same. Find and hire the best lawyer you can. At 0.08 percent you have a good chance of fighting the case. You should do everything you can to avoid a DUI on your record.

Feel free to contact my office for an additional and non-binding consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/01/09, 10:51 pm


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