California DUI question…?
California DUI question...? I had my first DUI yesterday unfortunately but the circumstances were bizzare and I was wondering if it would be worth it to fight.. Last night I get home and park a block from my house after going out. After getting to my door I realize I forgot something in the car....
California DUI question...?
I had my first DUI yesterday unfortunately but the circumstances were bizzare and I was wondering if it would be worth it to fight..
Last night I get home and park a block from my house after going out. After getting to my door I realize I forgot something in the car. When I get back to the car a police officer is in front of the car and asks me if its mine. I say yes. He says "We had reports of this car swerving while driving" mind you he never saw me in the car at all, this is from a call in. He proceeds to give me a field sobriety test then takes me to jail and I blow a .13 - Is it worth it to fight?
If someone called the police and stated they would be willing to testify as to what they saw, then that’s why you were arrested…Now if you hire an attorney and this case actually goes to trial then its going to coast you thousands of dollars even if you win…Of course the reality of the situation is that you are a drunken piece of s**t that drove his car home, endangering many innocent people…I hope that next time you choose to do this you wrap yourself around a pole so that others may live…
you can easily fight that…the cruisers have dashboard video cameras so make sure you tell your lawyer or who ever to provide the tape to prove you weren’t lit up or pulled over…DUI has to include OPERATING the vehicle and you weren’t…
I also think you could fight it and just plead guilty to being drunk in public. Since no one actually saw you driving, then how can the DA, or the cops say it was you. Did you admit to driving the car? If not, then I think you may have a chance.
DUIs look bad on your record. You can beat it, but I would not try it alone. It will be worth it to get a DUI attorney and beat it quickly and easily.
Whether or not you can escape prosecution for this offense depends on facts you have not supplied here (and probably do not know). If a witness can put you behind the wheel of the vehicle while it’s being operated, you are probably hosed. If not, you’re probably going to skate even if you admitted to driving the vehicle.
In California, driving must be proven in order to secure a DUI conviction. If the state cannot prove you drove (other than through your statements), then none of the rest of it matters. Oddly, we can make perfectly legal DUI arrests in this state even if we know at the time we will never get a conviction.