Legal Question in DUI Law in California
very high breathalizer test results
I was speeding near my house, noticed my street too late, skidded, and hit a low brick wall. I backed up, went home,was in my garage.15 mins. later a B&W pulled up saw my car (someone had seen the accident and reported it) recognized it. Gave me a field sobriety test. Asked me questions, (which I answered) and arrested me. I answered NO to all the Miranda questions (I was pissed) was taken to the station,booked. about 4hrs after the beginning of all this I blew a 3.01. Am I in a heap of trouble, or do any of you see any way out? Thanks.
5 Answers from Attorneys
Re: very high breathalizer test results
You may be able get the hit and run dismissed by way of a civil compromise. To do this you would have pay for damages and then get the party whose property was damage to agree to settle the matter by a civil compromise. In regard to the dui charges you may have a defense to those charges. Contact an attorney before you discuss the matter with either your insurance company or the police.
Re: very high breathalizer test results
Because of the possibility of being charged with hit and run in addition to DUI, the most important thing to know is that talking to the police now is a very bad idea. They may contact you today or tomorrow, and they will be looking to get information from you that they will then use against you in court. The high blood alcohol reading is not that important right now. Maybe you drank all the alcohol you consumed that night after you got home, all shook up because of the accident. You need to sit down with a criminal lawyer experienced in DUI matters immediately to discuss how to protect your interests. Plus, you must make some decisions about how to deal with the DMV action within 10 days of your arrest, or you will lose substantial rights. Most criminal lawyers give free consultations. If you'd like to meet with me, don't hesitate to call. Good luck. Steve Mandell 310 393 0639
Re: very high breathalizer test results
Get an attorney today. Call me directly at (619) 222-3504.
Re: very high breathalizer test results
This reply is for the benefit of next time, or for others who might read this. You did not have to answer the door when the police came to your home. They would have had to get a warrant to forcibly enter your home, during which time you might have sobered up somewhat. Also, as Mr. Mandell observed, answering questions posed by the police is never a good idea. A good lawyer might be able to make the argument that you started or continued drinking only after coming home, consult a DUI lawyer right away.
Re: very high breathalizer test results
IF you want a miracle, prayer might help. Otherwise, you are probably facing DUI, hit and run, and other charges that an attorney can help with, by negotiating a deal that minimizes jail time and fines. You can go to trial if you have evidence and facts that might convince a jury to find you not guilty. If interested, contact me to discuss the facts and costs of defense.
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