Legal Question in DUI Law in California

A friend and I were in a Hotel pickn up my nephews clothes because he had been arrested. While we're packing city police forced themselves in room and were asking/looking for a girl. I didn't know who they were referring to. For @ 1/2 hr, while they were looking thru the packed bags they kept asking for this girl. We were asked to empty our pockets & then were handcuffed.They asked if Mercedes downstairs was mine & then escorted me outside and was put in a cop car. They tried & couldn't open my trunk & ask me to. I told them I wasn't on probation/parole & was not authorizing them to search my car, which they did anyways. I was tested physically by 4 seperate cops, had my eyes checked by 2 diff cops & and breathelized two times & passed them all. The CHP was called & I was tested again and eyes ck'd & once again I passed. After approx 3 hrs of testing I was told that my car was being towed. I was taken by CHP to a small office & tested some more, I was then blood testd and finally last but not least, I was told that I was being taken to the dark room. I was taken to a small room & was told they were going to ck my eyes one more time. They turnd the lights off for a few min. (that was stressful/scary cause I had no idea what was goin on) & when they turned them back on they put a pc of cardboard in front of one of my eye & flashed a light in my other eye. I moved my face cause I didn't know what they were doing & they asked me if I was resisting. I replied to them that I was not and was only reacting this way cause I didn't know what was happening. I was then taken to jail & bookd. I had no idea what I was charged with until the following morning when they released me & gave me my ppwk. How could something like this happen & be okay? I have tried several times to get a report of incident thru the Police dept & Court Clerk Records and I'm being told that nothing has been filed. It now has been 10 days and no record as of yesterday. What shall I do? Can I be charged for DUI if I wasn't driving or near the vehicle? Can they legally tow my vehicle if it was locked and in private property? Does the Hotel have the responsibility in authourizing the tow or does the CHP?


Asked on 8/26/10, 2:21 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You're asking all the wrong questions. "Can they...?" Of course. They already did, didn't they? The hotel has no liability to you, focus on your criminal charges.

Your issues now are: redeeming your car out of tow before the bill gets astronomical. and defending against the criminal charges in court. Your attorney will use whatever facts, evidence, testimony and law are available to bring any appropriate motions, negotiate a plea bargain or take the case to trial. If you are in SoCal, and if you are serious about getting the legal help you need, feel free to contact me.

Keep in mind: If you were arrested for DUI, then upon release from jail or booking, you�ll be given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely. You can hire an attorney for that hearing if you want.

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Answered on 8/31/10, 10:22 am


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