Legal Question in DUI Law in California

Hi,

I first want to make a few points. I'm not sure if this is considered a "DUI Law" but it's the closest thing I can find. Another point is that this is my first offense.

Here's my story as brief as possible: I'm from the Los Angeles County camping at Kern's County campground but I was taken to the Tulare Co. Sheriff's Department in Porterville. I was smoking pot, which I rarely do, and I blacked out. This might of happened around 4 P.M. on Saturday, 8/4/12. The next thing I know, I was in a Sheriff's truck taken to the hospital at 9 P.M. That's when I became conscious again.

Now I was asking the cop what happened, and he basically said that I was attempting to save kids from the river that didn't need to be saved. Then a huge man came over to confront me, and tried to drag me back to my campsite. It was then that I "fell" onto a rock that caused me to get a black eye and a laceration to my nose. The cop believes somebody hit me but he said that's irrelevant.

During our talk, he told me that he "hated my ass" because of the way I was acting while under the marijuana intoxication but when I came back into consciousness, he said he kinda felt sorry for me. Now, he told me that he wasn't going to charge my friend who had the possession of the marijuana and that he was going to let me off with a warning. But I still have to go to court for the charges: PC 242, and PC 647(f). I'm not really sure what to do. I was also only held in jail for 3 hours.

What also concerns me is that PC 242 is assault and battery. When I asked if I hurt anybody, the cop told me no, I actually got the worst end of it (black eye and laceration to the nose).

I agree that this was a total lack of judgement. I rarely do smoke, which the last time was back in college and I hardly drink (Which I already stopped for a year). Everything happened so fast.

My Question is ... Do I need to hire myself a Lawyer? And is it possible to keep this off my records?

I would like to thank you for reading this and appreciate your support.

- Steve


Asked on 8/08/12, 11:44 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

is it possible to keep this off my records? Since you were arrested and cited into court, that is already part of your record. If you are ultimately convicted of any charge by plea bargain or trial, that too becomes part of your record.

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I�ll be happy to help fight the criminal charges and get the best outcome possible, using whatever defenses there may be.

You've asked the same question on several forums. You shouldn't expect a different answer, no matter how many times you ask. You shouldn't be trying to find an answer you 'want to hear', but rather seek the truth no matter how unpleasant you may think that is. There are probably many people who will take your money and tell you what you want to hear.

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Answered on 8/09/12, 10:32 am


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