Los Angeles
Anyone know a good DUI attorney?
If you do, please respond and I will PM you 4 info. Thanks in advance.
A DUI lawyer once told me that if one were ever stopped:
1. Be courteous.
2. Don't drink and drive in the first place
3. Never take a field sobriety test. He said it is too inaccurate and the police officer's word will be taken over yours. She can say you stumbled. The lawyer said that if it is cold and rainy, even a normal person would shiver and fail.
4. Instead, he said to ask to go to the police station for a blood test. He said that by the time they get the blood, some alcohol may have already passed to your urine.
Bottom line. Don't drink and drive. If you get stopped, don't do the hop on one leg or other funky test. Go for blood or breath tests.
Concurred with autocar. They will tell you that you will lose your license for a year if you refuse a sobriety test. But of course they don't tell you that that's only if you are found guilty in the court. Also, they will most likely have to take you to a hospital for a blood test given the unlikely chance of them having a qualified person on staff to administer the test at the station. Hopefully, that hospital is some fucking 30 miles away and when you get there, that qualified person is at home sleeping and they have to call him in to do the test.
I've never been arrested for anything - 60 years. The cop told me that if I refused the field test - license lost for a year REGARDLESS of the outcome. The at the station, he gave me the choice of breath or blood, but said if I chose the blood what ever the result they look at the time and figure out what my level was at time of arrest PLUS 'choose the blood and I will throw in running a red light and speeding'. (I went through a yellow at 40 in a 35)
What a load of bullshit he fed you. How the hell in the world can he tell what your metabolism rate is? Basically, he didn't want you to take the blood test because there is a longer chain of custody for blood test result. In order for that evidence to be submitted to the court, he will have to jump through a few more hoops than usual. Basically, he intimidated you into not taking it, even though it is well within your right to refuse the field test and take the blood test.
I got cited for DUI a couple of years back. Got it down to Wet Reckless, but still have to go to all those bullshit AA classes to get my license back. Pretty ironic consider I drink less than 10 times a year (I have alcohol allergy). I have many vices, but I can tell you, drinking is definitely not one of them...
The blood test is the way to go.
It gives you time to sober up
Yes, That advice worked for me. But the caveat is that I got to spend the night in jail. If you refuse the field sobriety test, they assume you are guilty and lock you up until they think you are sober. You basically give up your rights for the night.
My blood alcohol came back 0.0. Case closed.
If you are intoxicated you cannot think clearly and I do not think you can remember or able not to take that test..
the state uses a template for the 1st offense. If you were under .16 and there was no injury or property damage you will get the same offer from the court with or without an attorney.
If you were above .16 and or there was an injury and or property damaged you will probably be better off with an attorney.
Your BAC will not get any lower with an attorney.
While on it's face, the analysis above may be correct in many cases, there are a host of other factors that go into how such a case is resolved. In addition, almost all cases involve a separate action by the DMV where you can have a hearing to try to prevent the suspension. If you don't know the magic words to say and when to say them, you could lose you license when you shouldn't have. The other benefits of hiring experienced counsel are 1) that if it the case is a misdemeanor, you do not have to appear in court unless the case proceeds to trial or motion and 2) you have the peace of mind that comes from knowing you have done all you can to protect your interests. This last factor varies greatly as to importance to people but there are most certainly occasions when someone just goes to court to "take their lumps" and ends up being punished significantly more harshly than they probably would have been with an aggressive attorney. One toomanyinla, send me a pm let's talk.
BAC is open and shut case. You have a restricted license for 30 days you go to 10 weeks of classes - you get your 6 month suspended license reduced to 3 months by atteneding the classes. You get 3 years probation where you must not have a BAC above 0.0...
If you can read and write you can handle it!
in DUI's...he is a 5 Star Attorney, who is not expensive (I never had a DUI personally, but he saved me tons of traffic tickets, that got dissmissed)...I will PM you now...i know he can help you...
Ivanka Flower
I see I can't PM you...then pls PM me with your personal email, if you want the info dear...
Ivanka Flower
There's a "Star Trek Phenomenon" when it comes to the law: If you've ever watched either the original series or TNG, you know that any of the senior officers can become a master litigator at the drop of a hat if the plot call for it! There's nothing to being a lawyer, anybody can do it! And everybody knows somebody who knows this guy who has a case that was IDENTICAL to yours and his lawyer got his case dismissed, what's wrong with yours?!?
Anyhow, some of the things in the posts above are just flat out wrong and if relied upon, could cause serious consequences. For instance, what happens in court affects what the DMV does ONLY if you take the case to trial and win. In every other instance, the DMV acts completely independently of the courts and, for instance, if your case goes down as a refusal, you will lose your license for a year! God forbit you should ever have to deal with this but if you do, I strongly encourage you to at least consult with an knowledgeable attorney. Most do an intitial consultation for free and you'll at least know the basics!
Anyone in need - PM Mr. C here... I've never known an attorney to offer so much time and advice BEFORE I agreed to retain him.
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