Legal Question in DUI Law in California

dui

i went to big bear with a couple of friends and my friends dad.. who brought 2 dirt bikes a 125cc and a 50cc which is to small for me to ride i way 220 lbs ..he asked me to take down the bikes so we started unloading them and he had told me that the 50cc has been having problems starting so i offerd to look at it ..so i got it off the truck and proceeded to start it ...it kept starting and stalling ..so i started it up and as i pulled it out of the driveway it stalled.. a police officer had seen me and drove over to me and asked me how i was doing. and i said im doing ok just got here to big bear for vacation he smelled beer on my breath and asked me if i been drinken i told him yes ive had 4 beers about an hour ago before we left to drive up here so he asked me to take some tests and i passed them with no problem of intoxication... then he gave me a breathalizer and i failed to pass that... and i got a dui.....what should i do


Asked on 12/09/07, 10:04 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: dui

What should you do? Hire an attorney unless you intend to defend the criminal charges yourself. Are you competent and qualified to do so? Feel free to contact me if serious about doing this right. Either way, you must file your appeal of DMV license suspension within 10 days of arrest to avoid automatic loss of license.

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Answered on 12/10/07, 11:14 am
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: dui

You should have your attorney request a dmv hearing within 10 days of your arrest, and then serve the dmv with discovery and consider sending a subpoena to the officer.

Your attorney should also scrutinize the breath test procedure, results, and machine calibration to determine if you were really under the influence.

An attorney will be able to help you obtain the evidence against you at your arraignment or shortly thereafter, and should be able to advise you on whether you should fight the court process or try to negotiate a plea.

Negotiating a plea on your own is generally not a good idea.

For more background info, you can see my DUI site at www.BeatingDUI.com. With that background, you can call DUI attorneys in your area. If you email your location to me, I'll give you a few names of practitioners local to you.

Good luck.

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Answered on 12/09/07, 10:32 pm


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