Legal Question in DUI Law in California

What is the proper protocol in CA for an arrest for DUI? Had an accident and the police came and issued a citation for DUI without signing the citation, giving a badge number or reading me my rights.Heard that an ammendment was issued after the fact to correct the citation.

Took a blood test but no results so far-it's been 2 weeks. Please help.


Asked on 10/25/11, 1:01 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You would have an evidence suppression issue only if police or prosecutors seek to introduce as evidence a statement or confession obtained after arrest without advising you of Miranda rights. It would be unusual for police to interrogate after arrest without a Miranda advisement.

You�ll learn the actual charge[s] filed and get copies of all the police reports and test results when appearing for arraignment at the first court hearing.

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

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. If you don't know how to represent yourself 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, and if this is in SoCal courts, feel free to contact me.

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Answered on 10/25/11, 1:34 pm


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