Legal Question in DUI Law in California
I was charged with Possession. DUI, AND under the influence
This whole case hinges on whether or not the police had probable cause to jam a needle in my arm. My attorney told the jury ''Dont bother deliberating on the felony possession charge, thats pretty much been satisfied (by the evidence that shes guilty of that '' I was NOT impaired I was left in exigent circumstances by the owner of the vehicle, I took over to drive only because he got out leaving me in a traffic lane. They found a package OUTSIDE THE Vehicle and jury came back hung on the possession count. COPS lied, public defender withheld evidence and refused to present evidence that would have exonerated me, and proven the police report was falsified. She refused to play the tape of my FSI done at the police station, I was prevented from firing her by a judge, who heard my request to get a new attorney, a hearing was held and he refused to have her replaced. I was convicted of DUI and UNDER THE INFLUENCE, however the jury hung on the possession charge, crucial to the probable cause to force a blood draw. I was not issued a citation nor was I, any moving violation, or n e other, to justify the stop. I would pay my last dollar to anyone who could help me appeal and win with two misd convic. Judge/ DA r hell bent 2 retry felony
2 Answers from Attorneys
Re: I was charged with Possession. DUI, AND under the influence
The question of probable cause to arrest or search is one of law for the judge to decide, not one of fact for the jury to decide.
If your argument is that there was insufficient probable cause to arrest you (and therefore, any resulting chemical test should be suppressed), that is a legal question to be resolved by a judge in a motion to suppress evidence under Penal Code section 1538.5.
The probable cause standard to search or arrest is a much lower one than beyond a reasonable doubt required by the jury to convict.
I doubt the judge is hell bent to retry a felony possession case. The DA - maybe, but it depends on the split. If the jury hung 11-1 for acquittal, then the DA should get the message and not go forward (or your attorney should make a motion to dismiss it under Penal Code section 1385). If it was split the other way (11-1 for guilt), then the DA may well want to retry you on the felony possession charge.
Re: I was charged with Possession. DUI, AND under the influence
I don't know about 'your last dollar', but if you're serious about hiring counsel to defend you in a retrial, feel free to contact me. Admittedly, criminal defense is not cheap, but the choice is yours. If you can't afford private counsel, then talk to the Public Defender.
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