Legal Question in DUI Law in California
I had taken my perscrition of xanax one mornning, at 4:20 in the afternoon, I crashed into power-line knocking me uncontious, when I came to (approximetly 20 min. later) people where yelling at me not to step out of my vehicle(apparently due to the posibility of the ground being electrified by the now downed pwer line. Once I walked passed the downed power line, a fireman/medic on the scene took me by the hand immeadiatly walked me to a stretcher where I was placed in the ambulance and rushed to a nearby hospital. One I arrived at the hospital I was taken into emergency and placed on morophine. Hours later a CHP officer arrived and questioned me I explained that I had probably taken to many perscription xanax and prescibed soma. He notified me that he would administer an alchohol(brethalizer) test.and that if I had been drinking, I would be cuffed and arrested. I passed the test because I hadn't drank. To make a long story short, I am currently representing myself, the officer lied and said that I confessed of taking these meds durring an interview with me at the accident scene. An interview at the accident scene which never happened. I know I told him one thing at the hospital but after suffering from a concusion and being under the influence of morophine, shouldn't his sworn affidavit be thrown out of court as well as my case. It's not just my word vs his, since when does a officer (of any type) hild up an ambulance with a bloody patient in it so that he can conduct "field sobriety tests"? P.S. I am a Hollywood/Teamster driver my career and the well being of my family is at stake. T. Norton Flynn
3 Answers from Attorneys
Your first mistake was responding to questions from the officer; your second, and biggest, mistake so far is representing yourself. Once you are convicted and become an unemployable ex-Teamster driver you will have plenty of time to wish you had hired a lawyer to defend you. You don't possess the legal skills or experience to "have the officer's statement thrown out of court." This is a winnable case, if you're serious about fighting it, call me.
Considering what you stand to lose because of this case, you are probably making a big mistake by representing yourself. You have presented some serious, complex issues, which will require some pretty sophisticated lawyering to help you out of this jam. I suggest you consult with a criminal lawyer experienced in DUI matters. Most criminal lawyers give free consultations. I suggest you meet with a couple of lawyers, discuss your case fully and then decide how to proceed. If you'd like to talk to me, feel free to call. I've been practicing criminal law for 36 years. Good luck. Steve Mandell 310 393 0639
I will not attempt to sell you on my office, nor on what your mistakes have been.
Simply put, get a lawyer you trust. Now.
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