Legal Question in Civil Litigation in California

how should i please if dui level was under the legal limit


Asked on 9/30/11, 12:50 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Not guilty. The prosecutor will have to prove your guilt.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. If you don't know how to do these things effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.

Keep in mind a little free advice: When charged or arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.

If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help you, using whatever defenses there may be.

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Answered on 9/30/11, 1:20 pm
George Shers Law Offices of Georges H. Shers

While I often suggest people can look up the law to handle minor maters, Mr. Nelson is correct that if you do not know what you are doing and can not work out a deal with the DA, a DUI can have a very major effect upon you. At the least, you need a PD who knows the DA and can work out a deal with them. Also, you should post under "criminal law" and not civil litigation. You are lucky Mr. Nelson responded.

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Answered on 9/30/11, 5:33 pm


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