Legal Question in DUI Law in California

I was arrested n a California national park for a DUI and spent a night in jail. I was not moving, but I had the keys in the ignition and the car was on. I have an old battery that likes to die so I kept the engine running to prevent a dead battery. I had no intention of going anywhere. My friend and I who had been drinking underage, became very emotional when she asked me to take her home and I refused because I had been drinking. She hitchhiked with a stranger to get home after calling my vehicle in to the police. It was there where I was sitting thinking of what to do when the police came and put me under arrest. I had explained the situation to the officer, who seemed to ignore the fact that my friend was alone in a car with a stranger which was my main concern. My question is, given the circumstances, should I be charged with more than underage drinking and possession of alchohol? I am 19 and my friend is 18

Asked on 9/25/12, 1:32 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

"Should" is irrelevant. You WERE charged with DUI, and that is what you get to defend. You can try to use those claims in mitigation during plea bargaining or at trial. Your question was asked and answered before, so if serious about hiring counsel to help in the criminal charges or DMV appeal, and if this is in SoCal courts, feel free to contact me.

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Answered on 9/25/12, 1:40 pm

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