Legal Question in DUI Law in California

Re: obtain police report

If a hearing is pending on the matter, you should attend it as your own attorney and ask the clerk of the court, the DA or City Attorney for a copy of the ''discovery.'' That will have the police report in it. Good Luck..

Re: obtain police report

Don't assume you can't afford a lawyer until you have called a few. I would start at www.norml.org under "Find a Lawyer."

California marijuana DUIs are fairly easy to beat in court if you have a lawyer, since the test merely detects the presence of THC metabolites and there is no generally accepted quantitative standard for what concentration of THC metabolites in the blood makes you too intoxicated to drive a vehicle. (In fact, some studies from the U.S. National Highway Traffic Safety Administration have found that having THC metabolites in your system can make you a more cautious and defensive driver.)

The notion that any trace of marijuana in your bloodstream ought to be enough to support a DUI conviction is held only by the most extreme doctrinaire conservatives. Unfortunately, the DA you got turned out to be someone like that, and the judge you get might turn out the same. (Some states, for example Nevada, have passed laws that say that any trace of THC metabolites is enough for a DUI, but California is not one of those states.)

As far as the cost of getting an attorney, think hard about the cost of -not- getting one. You would almost certainly be convicted of DUI, and you would have to spend several thousands of dollars in fines and court ordered programs (not to mention the inconvenience and hassle of the court ordered programs that could include probation and random urine testing) and you would probably lose your drivers license. You might have a hard time getting a job, or you might get fired from your present job if you have one.

On the other hand, any reasonably competent attorney ought to be able to get the charge reduced to a Vehicle Code Section 23222(b) (possession of marijuana in a vehicle) (http://www.dmv.ca.gov/pubs/vctop/d11/vc23222.htm) which carries a maximum of about $250 in fines, no probation/jail time/fines/programs.

Do not use the public defender. If I were you, I would call some attorneys and try really, really hard to make the necessary payment arrangements.