Legal Question in DUI Law in California
Dui
I got a DUI. This is the scenerio. I parked my car on the street in front of my house where i always park my car. There was nobody in sight both in front and back of me. I parked, took the keys out of the ignition and pt them in my pocket, took my seat belt off, and turn the lights off. Right when I was getting out of my car i noticed a speeding car coming from behind me. I stayed in my car in caution to the oncoming car. The car slams on its breaks right behind me and then turns all of its lights on. It was a cop. my door was already cracked so he came up and ordered me to shut the door and put my keys back into the ignition and open the window. ofcourse me obeying his orders i put the keys back into the ignition. do you think that he screwed me because i put them back in?
4 Answers from Attorneys
Re: Dui
The right thing to have done would have been to run inside your house and lock the door and not answer it. Now you'll need to hire someone like me to bring up the (apparently valid) argument that you weren't driving.
Don't forget to request a DMV hearing within 10 days, or have your lawyer handle it.
Re: Dui
They have to be able to prove not only driving by someone, but that YOU were driving and while driving, you were under the influence of alcohol.
A lot depends on how the police report is written, but you may have a very valid defense to these charges.
You've also got another thing working in the background while you wait for the Orange County DA to make a decision about filing charges against you - the DMV hearing to suspend your license. The issues are similar, but the DMV plays by a different set of rules. The pink piece of paper you got when you were arrested/booked is your temporary license. You only have 10 days from the date of the incident to request a hearing to contest the suspension or you'll lose your license for 4 months, no questions asked.
Let me know if you want to discuss it further. I'm in Orange County and practice at the North Court all the time.
Re: Dui
You have some good facts that need to be fully looked into by a qualified attorney. Find an attorney in or near your area who has experience with DUI's. We have done 1000's of them and you should look for an attorney with experience like ours, I wish you well. David Wallin
Re: Dui
You were in the car with the keys, and presumably under the influence. Your defense is to try to convince the DA or jury you were not 'driving' while under the influence, that you had been there a long time and drinking, or just got in. It will be interesting to see the police report on engine/hood being warm. If serious about hiring counsel to defend you, feel free to contact me. Don't bother looking for a magic potion that will make this go away.
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