Legal Question in DUI Law in California

I was arrested for a DWI early am on Sept 18th ( VC 23152(A) )I blew a 0.06bac at the police station twice. ( the one in his car and his sargents car did not work) I told the arresting officer I take a perscription drug called Celexa. I got a doctors note stating Celexa does not impair driving a motor vehicle and I have some good defenses. IE: I was pulled over at 2:20 am Tested at 4 am...My BAC was still rising at time of test... I drank two beers between the hours of 11-1:30am and ate chicken sandwich with "bread" and have been have been fasting. Wouldnt my BAC be lower at time I was driving?? I need a attorney but dont want to pay a high attorney fee. This is my first offense and have a clean record..(besides cellphone tic, and 1 speeding tix) What are my options?? Court is on Oct 30th, 2009 ps im looking to pay no more than 1,000 dollars for lawyer.

HELPPP!!!!

SAN DIEGO, CA


Asked on 9/26/09, 6:37 pm

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

There may be a DUI attorney out there who can give you a decent defense for a thousand dollars, but I've never met him or her. Even to get you the best possible plea, an attorney has to have a reputation as someone who is willing to file necessary motions, raise every possible defense, and take the case to trial if the DA won't agree to a reasonable disposition. You aren't going to get that kind of defense for a thousand bucks.

If you can't afford to hire a good lawyer, go with a public defender if you qualify. You will have to file a financial statement showing you don't have the resources to hire an attorney.

There are also some serious problems with your calculations. Unless you weigh 75 pounds, two beers would not give you a BAC of .06 three and a half hours after drinking. Based on your statements it is possible, but not certain, that your blood alcohol level was still rising at the time you were stopped.

Of course, I would be able to give a more informed assessment of your case after a thorough review of all of the police reports and other evidence. That's why you aren't likely to find a good DUI attorney for a thousand bucks.

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Answered on 9/26/09, 6:56 pm
Terry A. Nelson Nelson & Lawless

Keep looking. You're offering less than half the normal rate. I am not aware of any experienced attorney that will work that cheap. You might find a new attorney to do a quick plea bargain at one hearing.

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Answered on 9/27/09, 6:06 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

I would be happy to look at your case, i.e. the discovery and advise on how to proceed. Contact me directly.

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Answered on 9/30/09, 1:03 pm


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