Legal Question in DUI Law in California

my daughter is 24 years old , no criminal history . Was pulled over in Dec. of 2012. Initially for a "broken Tail Light". But. this charge mysteriously turned into a D.U.I. No breathalizer, no Blood test , and field sobreity. She is disputing the charge and taking it to a trial ,which starts May 7th. in riverside county courts. She's looking to not have her license and privaleges taken away, is the outcome she's hoping for. Please help. Mike proctor #nikitaherrera

Asked on 4/25/13, 11:26 am

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy District Attorney and a Certified Criminal Law Specialist, many of the facts you speak of are very positive for your daughter. You should retain a qualified attorney to fight for her. If you want to discuss the facts further, call me at my Victorville office at 760-241-2013. I wish you and your daughter well........David Wallin

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Answered on 4/25/13, 11:40 am

Terry A. Nelson Nelson & Lawless

With no blood alcohol test to rely upon, the police and prosecutor have to prove the case through the officer's testimony as to her condition and attitude. If she has credible witnesses to support her defenses, she has a chance to prevail.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement 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. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does. If serious about hiring counsel to help in this, feel free to contact me. Iíll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

However, when arrested for DUI, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the AUTOMATIC suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any other suspension that may be imposed by DMV or the court upon conviction. If she didn't already do that, the suspension is 'final'. But, she can apply for a restricted license after serving a portion of the suspension. Contact DMV to apply.

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Answered on 4/26/13, 12:32 pm

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