Legal Question in DUI Law in California

Re: California private properity DUI

Can you get a DUI on private property? Yes. Can you fight against this one on many different grounds?

Absolutely.

You should contact a criminal defense attorney in your area. You've got several ways to fight this, depending on how much (or more importantly, how little) investigation was done.

Re: California private properity DUI

I believe I answered your question incorrectly and want to correct the error. The case of People vs. Malvitz stands for the proposition that a DUI can occur on ANY road in california...public or not. You may still have facts that lend themself to be useful for a qualified attorney to negpotiate with the D.A. Seek an attorney and do not just plead guilty. David Wallin at www.wallinlaw.com

Re: California private properity DUI

It seems that law enforcement will try to make the argurement that you either did before or after the accident drive on public property. You will have to make the arguement, thru a good lawyer, that you NEVER drove on a public roadway while under the influence of alcohol and/or drugs. We recently got a case dismissed based on our arguement that our client did not drive on a public roadway while under the influence. You may contact us at www.wallinlaw.com. David Wallin

Re: California private properity DUI

"Legal"? You'll get that answer from the court at the end of evidence suppression or dismissal motion hearings, or trial, if you force it through that whole process.

"Way out"? Sure, hire an experienced attorney to defend the charges, bring the motions, negotiate a deal, go to trial, etc. The only way you could have gotten this arrest is for you to confess to the police, or for someone to report you to the police and sign a citizen's arrest. Sounds like people should have exercised their 5th Amendment right to SHUT UP.

You appear to have grounds to fight this, use them. If this is in SoCal courts, and you're serious about doing so, feel free to contact me.