Legal Question in DUI Law in California

My 17 year old daughter was pulled over with 3 friends for a broken tail light and then questioned for suspected curfew violation in California. They were on their way home from a movie. The officer asked them all repeatedly if they were under the influence of anything and they denied it. He kept putting his flashlight in my daughter's face and asking her if she was sure she had not taken anything because her pupils were dilated. She again denied the accusation. He removed her from the car and performed a sobriety test and breathalyzer and she did not have alcohol in her system. He was joined by 4 more police and they searched the car. She was then taken aside and told that the officers were experts in drug id's and they repeated the tests several more times, while continuing to intimidate her with threats that if she didn't admit to being on something she would go to Juvie. She was getting scared and finally admitted to taking a pill of ecstasy earlier that evening. She was immediately handcuffed and put into the police car and taken to emergency where she was handcuffed to a bed and given blood and urine tests and questioned by another police officer who issued her miranda rights. My daughter has been in custody several hours before I was awoken by the police pounding on my door, informing me that I could go pick her up at the hospital. She was released to me by an officer, and I asked if there was any paperwork or something to sign, he said no, but an officer may contact us if they had any questions. There was no contact until 5 months later, when the court papers are delivered and formal charges of DUI of controlled substance and Under the influence of a controlled substance. My daughter will be a senior this fall, gets all A's in student government, and on the varsity volleyball team. She made a bad choice that she recognizes and is facing the consequences of her actions responsibly. However, I am very upset that she was questioned in the manner she was, intimidated by 5 male police officers into admitting guilt, taken to a hospital and given tests and more questioning, when her parents have not even been notified or given any type of consent. Is a minor, who can not legally sign a contract, be expected to understand Miranda Rights? And since there was no ticket, how were we supposed to get a DMV hearing for her license? I know this is a short novel, but I do appreciate your thoughts on this. Thank you


Asked on 6/30/10, 5:35 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You failed to teach your daughter to never talk to the police, and to never consent to a search. The good news is that drug DUIs aren't that hard for a competent lawyer to defend, at least in adult court. Stop "facing the consequences of her actions responsibly," whatever you think that means, and retain competent counsel for her.

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Answered on 6/30/10, 8:55 am
Terry A. Nelson Nelson & Lawless

Your upset may be understandable, but does not change the fact that she now faces criminal charges that she will have to defend against. There may or may not be grounds for motions and defenses at trial, based upon what you see once you get the full DA charging Complaint and the police report[s]. Once she is given paperwork charging her with the DUI, she only has 10 days to file her DMV appeal of the automatic loss of license. If serious about hiring counsel to help defend her, feel free to contact me.

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Answered on 6/30/10, 10:20 am


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