Legal Question in DUI Law in California

can your attorney misrespresent you and cause a negaitve out come on you DUI first hearing intianally? When you know that you are insoent and charges should be droped.


Asked on 8/03/09, 10:44 pm

2 Answers from Attorneys

Joshua Hale Hale Law Group

An attorney can misrepresent you. However these admin per se hearings are heard by non-judges, that do not have a legal education. It is like a heart doctor arguing with a dentist about how heart surgery should be performed.

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Answered on 8/03/09, 11:10 pm
Terry A. Nelson Nelson & Lawless

If you mean by 'misrepresent' that he actually guaranteed success and dismissal of your case, then he foolishly lied. If you thought that just because you said you were 'innocent' that the charges would be dropped, then you were quite unrealistic. Virtually every criminal defendant claims to be innocent, but there were still crimes committed, right? Criminal charges are filed only after both the arresting officer, police dept, and the DA's office all agree they have a good chance to get a conviction, based upon the facts in the arrest report.

If you are referring to the DMV suspension appeal hearing, the burden of proof required of you is quite high, and seldom achieved, because you have to prove there was 'no cause' to stop and arrest you.

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Answered on 8/04/09, 12:58 pm


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