Legal Question in DUI Law in California

Re: Dui

Ultimately, the answer to your question is "YES." You do have the right to fight it, and a good chance of winning it. In order to analyze your situation, I'd need some information that you haven't included, and a clarification of the information that you have included.

You say you were not driving and the key was not in the ignition. But then you say you moved the vehicle from one parking space to another because you were being attacked. If you didn't drive from one space to another, how did you move the car? If the key wasn't in the ignition, how did you start the car to move it? Much more importantly, what did the cops (or other witnesses) see you do and what will they testify about? You won't know this until you see the police reports. Therefore, you can't begin to prepare your defense until you know what the allegations are. And, once the "facts" (as seen through the eyes of the cops) are known, then you determine what defense, if any, you have to the charges. It is a process that unfolds sequentially, and in a particular order, starting with knowing what the prosecutor is going to use to try to convict you of the DUI. I recommend that you have a consultation with a criminal lawyer experienced in DUI and DMV matters. Most criminal lawyers give free consultations. If you'd like to speak to me about the case, don't hesitate to contact me. Good luck. Steve Mandell

Re: Dui

You can always fight charges. Can you win?? The facts and witnesses will determine that. IF your witnesses can credibly prove that you were under 'duress' and threats of violence, you may be able to get a deal. Feel free to contact me if you decide you need experienced legal help in this.