Legal Question in DUI Law in California

i was charged sept 25 and they still haven givenme my BAC

How can i fight a DUI?

23152 (A) (B)

does the way he obtained the evidence a factor. because i think iwas pulled over illegally he never asked for my license r registration i was imeediately pulled over.


Asked on 10/25/11, 12:02 pm

2 Answers from Attorneys

Elliot Zarabi Law Offices of Elliot Zarabi

You will get your discovery when you schedule your DMV hearing or go to your first court date. You will then have to go through it with your attorney to see if there is anyway to surpress the evidence.

If you have any questions or would like a free consultation, please feel free to contact me.

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Answered on 10/25/11, 12:28 pm
Terry A. Nelson Nelson & Lawless

You�ll learn the actual charge[s] filed and get copies of all the police reports and test results when appearing for arraignment at the first court hearing.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

Keep in mind a little free advice: When charged or arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. If it is not already too late, contact DMV to do so.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 10/25/11, 1:15 pm


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