Legal Question in DUI Law in California

dui

i have recently been written up for a dui. i blew a .07 on several breathalizer test i was given (2 on site and 2or 3 in booking) . i was pulled over for speeding at 101mph. i guess my question would be, i have my licence still and dont know what to do about that and should i try to fight the case or say im guilty of dui? the speed is under aprox. speed and not listed in the ''did wrong'' boxes


Asked on 1/15/08, 10:36 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: dui

Well, do nothing but plead guilty and you automatically lose your license for a year through DMV, plus whatever jail, fines, loss of license and other penalties the court orders. Sounds like it's time for you to get serious about getting legal help in this. IF you've got witness testimony, evidence and facts that would offer any chance of winning at trial, then you can use them as leverage in negotiating with the prosecutor, or go to trial. You haven't provided any such facts in your posting, and there is seldom a 'great case' DUI. Police are paid and trained to write 'good reports' that lead to conviction. Blowing .07 simply means you've been charged with 'driving under the influence' instead of 'driving with over .08'. No difference in penalties if convicted. Feel free to contact me if serious.

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Answered on 1/16/08, 11:15 am
Joshua Hale Hale Law Group

Re: dui

You should absolutely fight this. I think from what you say you have a great case. I would be happy to discuss this further with you if you would like to tell me more about the situation.

JDH

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Answered on 1/16/08, 10:35 am


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