Legal Question in Criminal Law in California

Dui required to post bail or be released

Drove into 7-11 parking lot,exited truck, while entering store, noticed cop busting a guy to right of building, cop gave me a speeding ticket before at which time i had a warrant, he recognized me and asked if i got my license taken care of, which he alrdy new i had the same day as i asked if he still had my hard copy, anyway, i said yes he yelled for me to show him, i did, he then made me take a breath test (.07), i was taken to pd required to do chemical test then released after 4 hrs. with a ticket and a court date 34 days from arrest for dui, und influence and 1203 prob viol (mbe on prob in other cty).

I got letter from dmv 10 days after saying license susp (11550) was set aside. what does this mean w/regard to charges?


Asked on 4/14/99, 9:30 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Dui required to post bail or be released

It appears based on the limited facts that you presented, that the chemical test for blood alcohol came back at less than .07%. Apparently the police officer took your license while you were in custody and notified the DMV about your arrest, and stated that your blood alcohol was .08% or higher. When the DMV learned that the test came back at less than .07% your license could not be reovked under that provision.

You should obtain legal counsel to represent you on the driving under the influence of alcohol charge. (you can be charged and prosecuted for driving under the influence of alcohol even though your blood alcohol level is less than .08%) You may be able to have the chemical test through out if the request for the test was not legal. The police officers request to see proof of your license reinstatement, may ahve been proper, depending in the circumstances surrounding the request. You need to go over the details of your arrest in detail with an attorney. The attorney may then advise of your defenses to the charges.

Lyle Johnson

Lyle W. Johnson Attorney at Law

152 N. Third Street, Suite 510


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Answered on 4/17/99, 9:46 pm


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