Legal Question in Criminal Law in California

DUI-Escaping potential domestic violence-911

When I appear before the Judge on july 10 re my DUI-very high alcohol content .24 or something, what opportunity do I have to speak and would it be in my interest to tell him/her that I was extricating myself from a potentially dangerous situation. The man in my house, I live in an isolated rural area, had begun breaking things. I dialed 911 hung up and ran. I drove off the main road to excluded country road to wait for him to leave my home. When I eturned the police pulled me over and arrested me. Do I tell this to the Judge, can I? and should I bring a copy of the 911 report with me. I am in the dark about this whole process as it's my first offense and i am broke and to make matters worse, i missed out on a great new job for lack of a driver's license. They are waiting for me to clear it up but I have to commute and i need my driver's license as soon as possible. Do I tell the Judge that as well, i have an offer for employment dated 6 days after the arrest.

Thank you so very much.


Asked on 7/04/06, 5:26 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: DUI-Escaping potential domestic violence-911

You need to get a lawyer and let her speak for you.

Your first court appearance is an arraignment. Assuming you have an attorney, you will enter a plea and state whether you demand a jury and whether you want to waive your right to a speedy trial (which may be a good idea if your attorney needs time to prepare). The court will address some scheculing and other administrative matters, but that's all.

The arriaignment is not the time to argue about the merits of your case. That is what trial is for. There is absolutely no chance that telling the judge what happened will lead him to dismiss the case against you. In fact, he has no authority to dismiss the case or even to reduce the charges at this stage unless the prosecutor agrees.

The odds of persuading the prosecutor are slightly better than zero, but are still much too low to justify trying to explain yourself on the spot. Talking too much is far more likely to give the prosecutor ammunition with which to broaden her investigation and/or to use against you at trial.

If your situation so clearly justifies a dismissal or a reduction of the charges then your lawyer will have plenty of time later to explain this to the prosecutor. There is no reason to use the arraignment for this purpose.

Good luck.

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Answered on 7/04/06, 7:12 pm


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