Legal Question in DUI Law in California
Using a Public Defender for 1st DUI
I can't afford private counsel right now but I want to plead not guilty at my arraignment because chances are I can lower my charges.
First question, can my family hire private counsel, at any time, if we feel the PD isn't suitable?
Second, at the arraignment, upon pleading not guilty, asking for a court appointed lawyer and getting a pre-trial date, will I get copies of ''everything'' so that we can begin to build a case?
FYI: I had a 0.1% BAC, I was pulled over for driving too slow on the 101fwy. It was 3:30AM and I was text messaging a friend (this was before the hands free law), I was going 55MPH, I had a tailgater then the CHP behind me. I thought the tailgater was going to get pulled over. I passed the field sobriety test. I was not told I could take a blood or urine test in addition to the Breathalyzer tests I had already taken.
2 Answers from Attorneys
Re: Using a Public Defender for 1st DUI
The 101 is a long freeway, where you were stopped and arrested will be a jurisdiction with its own unique courts, judges, juries and of course Public Defenders. As a general rule, they are over worked but competant. If you want a reduction, and the jurisdiction you are in reduces DUI charges (some don't) a Public Defender should be sufficient. If you want a fight regarding the failure to comply with Trombetta (your right to provide a sample of your blood for analysis by an independent laboratory) you may want to hire a private attorney, which you may do at any stage of your case.
Re: Using a Public Defender for 1st DUI
You can retain private counsel at nearly time during the process. The public defender will not be insulted if you retain private counsel.
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