Legal Question in DUI Law in California

I live in California,i was in car accident a couple days ago,and i have a court date coming up now because they are saying that i was DUI and they also DWI(no doubt about that)They tested me for marijuana(my blood) and they also breath tested me.I'm pretty sure i was under the .08 limit on alcohol,because i passed most of,if not all my sobriety tests..(they kept trying to test me ,so that i could eventually fail one,they really used a lot of intimidation and assumption,i felt like i was being accused and attacked at an accident scene,and they were treating it like a crime scene or something.They are assuming i was intoxicated with something.But in fact the reason i crahsed was because i have horrible vision...too the point we're i can not see the road very well,and i crashed because i didn't see the stop sign early enough to come to a complete stop.And i got t boned in the intersection. I'm wondering what is the best thing i should do,to have justice played out right,or at least for it too not ruin my life.this is my first "offense" period by the way....Is this worth fighting,or should i let them bully me and hope they show some mercy and lenience?

Asked on 11/03/10, 1:34 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

0 users found helpful

0 attorneys agreed

You can look for mercy in the dictionary, but you won't find it in criminal court. They are there to convict, jail, and collect fines. What can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you were given documents that included 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, then appear at your scheduled hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does.

Answered on 11/08/10, 2:47 pm

Mark as helpful