Legal Question in DUI Law in California
I got a drunk in public a while back, however, I don't feel I actually broke any laws. I was vomiting near a dumpster away from the public. I was drinking, but not enough to not take care of myself, I was by a dumpster I figure that shows a level of consciousness. Wasn't involved in a fight. I wasn't breathalyzed or blood taken. I did have a flask on me, it was empty. Do I have a chance to fight this?
2 Answers from Attorneys
It's the "Spitting on the sidewalk is a $10 fine, vomiting is free" defense. (Courtesy George Carlin.) Any criminal charge carries serious consequences upon conviction and absolutely should be fought. Fighting criminal charges is what I do. Hire an attorney well in advance of your first court date and you won't have to go to most court hearings. I'm here to help.
Being drunk broke the law, that's why you were cited.
�What can you 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. While this isn't a 'capital case', you certainly face potential jail and/or fines, so handle it right. 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 use whatever defenses there may be.