Legal Question in DUI Law in California

Appeal
I was arrested for a DUI and had a lawyer. I was found guilty and the case was appealed on the admissability of the PAS test. The appeal was denied. The arresting officer admitted in court that he did not notify me of my right to refuse the PAS test. This seems to me that my rights were violated. Do I have a case? My lawyer said that there were not cases based on the officers error of not notifying me of my rights. My career depends heavily on my driving record and the results of the PAS were questionable and all field sobriety tests passed.

Asked on 1/09/03, 5:07 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

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Re: Appeal

Thank you for your inquiry.

It's not clear exactly what you are seeking from your case. When you say you were found guilty, did you have a trial? And then, you, or your lawyer filed an appeal of the judgement with the court of appeals?

Or are you, instead speaking of the DMV decision? Does this mean that you filed an administrative appeal with the county Superior Court?

All of these are important to be able to answer your question intelligently. I can tell you that even if there are no cases on failure to notify (which I doubt), you always have the opportunity to make new law in the appeal court arena.

I hope this answer helped, but if you have additional questions, want more information, or feel you need representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can, and best of luck to you.

Answered on 1/09/03, 6:59 pm

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