Legal Question in DUI Law in California

Thank you for reading my question. I was pulled over yesterday by the California highway partrol with the argument that I invaded a side lane of the freeway while merging onto another freeway. This officer's explanation was unclear and he quickly jumped into intimidation as I continued to ask for clarification on why he stopped me. He asked me to step out of the car and focused on how I had alcoholic breath. He conducted some sobriety tests such as walking a straight line and lifting one leg while staring at it and counting, to figure it out whether or not I was impaired by alcohol to drive.

After I performed all the tasks he requested with ease, I questioned him on why he continued to detain me. He then returned to intimidation by stating that his patience was running short with me. After that he handcuffed me and utilized the breathalyzer test. Without showing me the results, he stated that I failed to pass the breathalyzer test and took me to the CHP office without mentioning my rights.

At the station, my car was searched and eventually one of the officers came back with a bag of personal items that were in the trunk of my car such as phone cables, ids, my watch, and wallet. While in the CHP station, him and two other officers addressed me in a condecsending and disrespectful way and made racist remarks about my place of birth. Over an hour later, I was released to family.

After we left and reached home, the same officer who pulled me over called me and left a message stating that I forgot a couple of items, that I needed them, and that I had to return to the CHP station. When I called to ask specifically about the items, he said that it was not a personal item but instead that he forgot to have me sign a form to appear in court for this charge. I asked what would happen if I did not come back for that signature and he responded, "There would be a warrant issued for your arrest. Feeling that I had no other choice, I returned to the station to sign the form. While at the CHP station the second time, the same officer stated that he was doing me a favor by having me sign this form rather than taking me to the county jail for 72 hours.

I am unsure about what to do in this situation. This is my first DUI with no previous convictions or misdemeanors. I was not speeding and there were no containers in the car or other substances. This is a great concern to me since I am currently unemployed and it will hinder my ability to obtain employment. Do I just appear in court on the date provided on the form or is this a case that has some solution in my favor from the way things occurred? Thank you for your help.


Asked on 5/13/12, 4:49 pm

1 Answer from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

You should go to court on the date listed. You should either take an attorney with you, ask for more time to get an attorney, or request that an attorney be appointed. After you get an attorney you can talk with the attorney about your options.

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Answered on 5/13/12, 5:02 pm


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