Legal Question in DUI Law in California

do i need to retain a attorney for first dui, i blew an 0.08 right at the legal limit?


Asked on 11/30/10, 4:47 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

That is a question that attorneys will understandably tell you YES. If arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal or decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.

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Answered on 12/05/10, 5:20 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Do you NEED to? No, but (a) your result will be better if you are represented by an attorney who knows DUI defense, and (b) a public defender will be available if you cannot afford private representation, and the deputy public defenders are pretty knowledgable, although obviously they have heavy case loads and, well, what you do get is free if you qualify.

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Answered on 12/05/10, 7:07 pm


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