Legal Question in DUI Law in California

Arrested for Dui (Driving under influence controlled substance)

I was arrested for Driving uder the influence (controlled substance) I took the case to trial because I was taking prescription medications. (sudafed) my court case keeps getting continued because they said they have to have experts investigate the test further. This is the third time they sent my test for further investigation. Can they keep putting me off and retesting the drug test.


Asked on 4/17/09, 1:34 am

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: Arrested for Dui (Driving under influence controlled substance)

This isn't meant to substitute for your attorney's advice.

If it's advantageous for you to allow continuances to retest your blood sample and get a favorable outcome, then go along with it. If, on the other hand, they can't prove it, then force their hand. Withdraw your time waivers and set it for trial. Either they think they can prove it (and we'll see after cross-examination) or they can't and they'll dismiss.

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Answered on 4/17/09, 1:47 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Arrested for Dui (Driving under influence controlled substance)

This is the problem with representing yourself. You should know what their experts are telling them, you should be requesting discovery. And you should be having a split of the sample retested by your own expert. If you cannot afford an expert you should be filing a 730 motion.

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Answered on 4/17/09, 1:48 am
Brian Dinday Law Offices of Brian R. Dinday

Re: Arrested for Dui (Driving under influence controlled substance)

Since you are out of custody, I assume you waived your right to speedy trial. If you want this merry go round to stop, just yank your time waiver and you will have a firm trial date.

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Answered on 4/17/09, 2:15 pm


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