Legal Question in DUI Law in California

Going on a dui trial, do I have a change beating it?

I got a blood test a month ago in Los Angeles for DUI. Now the blue notice to appear said 231529(a) Misdemeanor. Today I when to my arraignment and plea not guilty and the blood test shows .09. On the court report chp said I was doing excessive speed of 90mph, but I wasn't, I had my cruise control on about 75-78 and he followed me around 80ish mph. Then when I saw that he was a chp then I slow down to 65 mph using cruise control, which he followed me at that speed for about a mile or so till I got stopped.

On the court paper, I am charge with 3 counts-23152(a & b) and 23103 (a). I have asked for split blood and police report. The PA said its a waste of time and that I shouldnt do it. But I don't want any record and to pay the stupid fine. I want to win by technicality is that possible? Thank You for all your advice.


Asked on 2/27/09, 4:53 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Going on a dui trial, do I have a change beating it?

My advice is you should have hired me, or some other lawyer, to be with you at the arraignment. This is like having your ballclub take the field at the start of the 2nd quarter. But it is still not too late -- yet.

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Answered on 2/27/09, 5:12 pm
Matthew Koken Law Office of Matthew S. Koken

Re: Going on a dui trial, do I have a change beating it?

I cannot say if you can beat the charges or not seeing that there is not enough said in your statement.

I would hire an experienced attorney and take it step by step. There a few steps between the arraignment and trial.

If you would like to talk about the case further please feel free to contact me if you are in the Southern California area.

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Answered on 2/27/09, 5:36 pm
Terry A. Nelson Nelson & Lawless

Re: Going on a dui trial, do I have a change beating it?

SO, you think wishing for it will make it come true? Don't believe everything you see on TV cop shows. None of the thousands of people arrested daily 'want any record' or 'to pay the stupid fine'. They generally don't get their wish either. By the way, there is more than just a 'stupid fine' facing you. Like loss of drivers' license, drunk drivers' school, insurance premium increases, potential jail, probation, etc. Go fight it yourself if that is your desire, or hire an attorney that actually knows how the system works [take his advice, you pay him for his expertise]. If you get serious and realistic about getting legal help, feel free to contact me. Hopefully, you haven't done anything else to prejudice your case by talking to the court or prosecutor.

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Answered on 2/27/09, 6:43 pm


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