Legal Question in DUI Law in California

I was arrested for a DUI 11/28/09. Today 2/9/10 I went for arraignment but was told my Toxicology was not back. My BAC was only .05. Did I have to agree to another court date in a month? What if I had said "no"? I do not have an attorney at this time and I want to know if I made a mistake today or if I had no choice but to agree.

Thank you,

Nathan Maciel


Asked on 2/09/10, 2:02 pm

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

Your mistake was not bringing an attorney to court with you on your first court date. Do you want your team to take the field at half-time? You have a constitutional right to a speedy trial, and you were not required to agree to a month-long delay. The prosecution can go forward even with a BAC reading of .05, the cop will show up and spin a yarn about how tipsy you were.

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Answered on 2/14/10, 4:56 pm


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