Legal Question in DUI Law in California

My son was arested in Ca for a DUI with his BAC at .08% right at the legal limit. During the field test no breath analizer test was done and the field test was done on an uneven drive way, which he failed. When the processed him in the jail they did not put his name correctly on the forms they switched his first and middle name with each other and also do not have his correct birthdate. Can this be used in his case to have it dismissed. I have not yet contacted a lawyer yet.


Asked on 8/21/12, 11:50 am

3 Answers from Attorneys

Joshua Hale Hale Law Group

You should seek counsel immediately. There is a reasonable chance that an attorney will be able to negotiate your son's case effectively.

I handle DUI in all of California, and would be happy to discuss his case with you.

619 663 9384

Read more
Answered on 8/21/12, 12:21 pm
Terry A. Nelson Nelson & Lawless

You have just described a series of reasons he needs counsel, to make best use of available defense arguments. .

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.

Read more
Answered on 8/21/12, 1:26 pm
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

All of things that you have mentioned raise concerns, and should be looked at by a competent attorney. Remember, that a DMV hearing must be scheduled within 10 days of the date of arrest, or his license will be suspended automatically. With respect to the actual case in criminal court, at the arraignment, we would get a copy of the actual arrest resport, and then make sure that you/your son got a copy, to go over and see if what they wrote coincides with what he remembers happening.

BARRY BESSER

www.besserlaw.com

Read more
Answered on 8/22/12, 11:01 am


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California