Legal Question in DUI Law in California

my daughter was arrested for public intox she has 2 beers did nothing wrong and was hauled out of a restroom at a bar she was not driving but was on the back of a motorcycle when she stopped to use the restroom no breathalyzer was ever given and she did admit to the 2 beers this doesnt sound right to me can you help


Asked on 4/19/12, 8:13 am

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

I agree - something doesn't sound right. In order to convict her of drunk in public, they must prove beyond a reasonable doubt that she was so intoxicated that she was unable to care for her own safety or the safety if others.

She's facing misdemeanor charges - something she doesn't want on her record to have to explain away on her next job application. she needs a lawyer.

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Answered on 4/19/12, 9:51 am
Terry A. Nelson Nelson & Lawless

Telling her side of the story here doesn't improve her situation. �What can she do�? 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. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. The attorney will try to get a dismissal, diversion, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you, using whatever defenses there may be.

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Answered on 4/19/12, 11:12 am


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