Legal Question in DUI Law in California
what do i do
I was arrested last month for crashing my car (I didn't hit anybody, I went up a curb) I was unaware I had to stay with the car if nobody else was involved and began to walk away. my blood alchool level was .25 and it is my first affence I have court comming up where do I begin? What will happen to me? I cant afford an attorny should I get a court ordered one, or plea guiltly.
2 Answers from Attorneys
Re: what do i do
Hello, I am sorry to hear about your arrest. Unfortunately, it has been a month since you were arrested. It is highly likely that you have missed the deadline for which to request a DMV hearing (10 days from arrest). Please check the date on your temporary license to see if this time has passed.
Leaving the scene of an accident and having a blood alcohol level over.20 can bring additional penalties to a DUI case. You need legal assistance. If you truly can't afford private counsel you need to inform the court of that on your arraignment date so counsel can be appointed to you. Good luck. If you have any questions call us at 1-800-327-4652.
Re: what do i do
Dear Sir/Madam:
The first thing you must do is call the DMV's Driver Safety Office and request a hearing; this must be done within 10 days of the incident. If this is not done, your license will automatically be suspended 30 days after the incident and you will lose the right to contest the suspension.
Secondly, you must avoid answering any questions from either law enforcement officers doing follow-up investigation or from insurance adjusters, until you have seen an attorney.
Third, go to court on the date set for arraignment and, since you have no funds to retain private counsel, ask the judge to appoint an attorney -- either a public defender or a private attorney paid by the court, depending upon the jurisdiction.
You are facing three possible misdemeanor charges (not a felony since there were no injuries): (1) drunk driving, (2) driving over .08% blood-alcohol, and (3) leaving (or attempting to leave) the scene of an accident. On the other hand, there may well be valid defenses available to you -- particularly if no one saw you driving and/or if the blood or breath test cannot be related to the time of driving. A poor performance on any "field sobriety tests" could well be the result of your condition due to the crash. There will also be an "enhancement" (grounds for increased sentencing) alleged in the complaint due to having over .20% blood-alcohol concentration.
You may find the answers to any additional questions on our DUI law firm's website: http://www.DUIcenter. In any event, consult with your appointed attorney as soon as possible.
Lawrence Taylor
Practice limited to DUI defense
Long Beach - Beverly Hills
Irvine - Riverside - Carlsbad
http://www.DUIcenter.com
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