Legal Question in DUI Law in California

I was arrest for DUI Alcohol although the breath test was only .03 (from the night before). I have Fibromyalgia, and had taken one legally prescribed vicodin tablet about an hour before being stopped. I can't pass the RST due to balance issues, but I'm being charged with DUI (alcohol) and use/possession of a controlled substance - my legal prescription. Is this right, since my illness causes problems with balance, and I can't pass the RST with NO medication or alcohol!


Asked on 11/08/10, 8:17 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

What can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you were given documents that included a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does.

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Answered on 11/13/10, 2:18 pm


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