Legal Question in DUI Law in California
I got arrested for my 2nd DUI in 9 years and I was released because the D.A. rejected my case. (a.k.a. DA reject). But I got a .21% BAC when I went on the web site 2 days later to check my blood alcohol level. Why would they just drop the case? Couldn't they arraign me and wait for the results? I have not yet seen the police report but I'm wondering what may have happened.
3 Answers from Attorneys
You are complaining because you were a DA reject? You should thank your lucky stars. Maybe they have budget cuts. Do not order a copy of the police report. If the DA changes his mind, you'll hear from them, and the attorney you hire will receive a copy of the report at your arraignment. What did you do about your DMV administrative suspension?
I don't really see your question as a complaint, rather an inquiry. If it is a true DA Reject, then you do not have to worry about them filing within one year of the offense date. There could be other facts which have not been posted here. You appear to be very lucky.
There could be other problems of proof associated with your case, such as proof that you were driving.
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