Legal Question in DUI Law in California
I was cited for dui in CA, I was not drinking I took a perscribed cough medicne at 6:00 am and was called to my sons school at 10:45 am. Cop gave me a field test even though I told them I have a back injury with 2 surgeries and a third needed. I was taken to the station given a B.A.C which was zero and no blood was taken how can I fight this? I am 43 and have never had a moving violation.
2 Answers from Attorneys
In any criminal proceeding, you need an attorney to protect your rights. Do not discuss you case with anyone without an attorney.
With a zero blood alcohol level and no blood (and I assume no urine) to test for drugs, it would be nearly impossible for them to prosecute you.
To protect yourself, it may be worth sitting down with a good local criminal defense attorney to discuss things in more depth. If no charges are filed, you can also disuss a petition for factual innocence with your lawyer to get even the arrest off your record.
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