Legal Question in DUI Law in California

Probablecause for my DUI was because the police claimed my headlights were off. They weren't, but the police video camera did not capture the first ten crucial seconds when I started to drive from a parked position, during which my headlights were on. Should I go to trial?


Asked on 10/18/10, 10:34 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Not enough information. Your claim that the stop was invalid because your lights were really on is one argument. Other trial strategies could be based on attacking your blood alcohol level or any field sobriety tests. It will nearly always be worth it to get legal counsel, if only to explore these issues and to reach an informed decision.

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Answered on 10/23/10, 10:38 am
Terry A. Nelson Nelson & Lawless

You go to trial if you're sure you will get a not guilty verdict. If you lose, you face the full sentence under the law. That's why most case plea bargain out. Your alleged version of the facts is going to quite different from the police report. Guess who the jury is likely to believe? Now, if serious about hiring counsel that knows how to defend you and offer you informed opinion about your options after reviewing all the facts and evidence, feel free to contact me.

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Answered on 10/24/10, 3:02 pm
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

You state that your lights were on but the police video didn't show the first 10 seconds. If that is true, how did your lights go off. As far as going to trial, a lot of factors would have to weigh into that. If your blood alcohol was close to a .08, you may have some arguments.

BARRY BESSER

www.besserlaw.com

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Answered on 10/24/10, 10:59 pm


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