i wasnt arested of DUI but now i gotta go to court and im afraid this is my firts DUI i was stopped by the police bc i didnt have my lights on and i made a wrong turn in a one way street im afraid to go to jail and i dont have money to hire a lawyer i wonder whta are my options in order not to go to jail i was stopped in huntintong park and i have a court in metropolitan court house in Los Angeles
Actually you were most likely arrested and released with a summons to appear in court and your promise to appear. Just because you didn't go to jail in handcuffs does not mean you were not arrested for a crime and you have apparently been charged since you have court and you know your charges - driving a vehicle under the influence of alcohol. If you cannot afford to hire an attorney the court will inquire into that and you will be able to prove that and ask for a court appointed attorney to represent you.
I'm confused. You weren't arrested for DUI but you have to go to court for DUI? No jurisdiction that I know of doesn't arrest you if you are suspected of DUI. Did you do field sobriety tests? Did you give a blood, breath, or urine sample? You may have been arrested and not remember it.
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
First of all, you were arrested. What you describe is an arrest and a release. Second, the very first thing you should do is contact DMV and tell them that you want a hearing on your license suspension. You need to do this within ten days, or your license will automatically be suspended for four months. Even if you don't intend to have a hearing, you would be wise to request the hearing, because it will likely shorten the total time that your license is in suspension for this incident. Third, you do not just plead guilty right away. The court will appoint an attorney to represent you and you and your attorney will go over the facts of the case and see what you should do. Finally, it's very likely that you won't have to do any jail time at all on a first DUI. Talk about this with your lawyer. Good luck to you.
I have a pretty sound idea of what you can expect because I have practiced at the Metropolitan Court as a public defender for several months (facing both prosecuting agencies - the DA and the City Attorney). I also have in fact tried a 2nd time DUI case no. 9MP06496 intoxication defense back in 2009 at Metro; of my course clients numbers were over the limit, but we had success because the jury pools at Metropolitan are great. DUIs are probably the toughest misdemeanor to try substantively (if we are launching a defense that attacks intoxication and the numbers as oppose to a "no driving" defense), and because jurors hate hate hate DUIs. But, in Los Angeles, Metropolitan is one of the better places to pick up a DUI if you want to try/fight the mattter because you have a higher chance of getting a fair DUI jury. A Pasadena DUI, filed by the Pasadena City Prosecutors, by contrast is arguably the best forum for a DUI client who does not want to try her case, but rather wants to plead nolo/guilty [same thing as a practical matter] because the Pasadena City Prosecutor is extremely reasonable and amenable to huge reductions even with fairly bad cases for us/the defense.
You are constitutionally entitled to a lawyer and with a DUI matter you should have the court appoint one of my colleagues to represent you. I know the lawyers in my office over there and I can tell you that with a public defender assigned to the Metro Court, you will be in solid hands. I say this because public defenders at Metro have no choice but to handle hundreds and hundreds of DUIs monthly; therefore, they have more skill and experience with DUIs than public defenders who don't see DUIs very often (like for e.g., our death penalty lawyers). So, in one sense, because you cannot go out and hire an expert DUI lawyer (a lawyer who focuses much of his or her practice on DUIs and in fact truly knows what he or she is doing and can actually try a DUI where the defense is something other than "I wasn't driving"), you are lucky to have your case at the Metropolitan Court. So, my misdemeanor colleagues over at Metro are trained to fight DUIs because that's about 80% of their case load and note, unlike other public defenders' assignments in LA, their caseload at Metro has been very very low in recent months. Thus, for all intents and purposes, you will have a free lawyer (in theory), that is trained to fight DUIs and has a caseload that is akin to a private lawyer case load (i.e. smaller) ... this means that my Metro DUI colleagues have more time to focus on your DUI than we would otherwise expect with our high case loads as public defenders. In short, you are in good hands. You may want to tell me which lawyer you get and then I can call over there and maybe get some additional special attention to your matter. Also, you should tell me who your judge is ... I know the judges that are currently assigned to Metropolitan and therefore I can give you even a better idea of what to expect in the WORST case scenario.
As for the bottom line: If this is merely a standard first time DUI where you delivered a breath alcohol or blood test result that is over .08, and there is nothing else extraordinary about your case (e.g., you did not injury anyone, or you did not get into a serious traffic collision, no hit and run attached, and/or no alcohol poisoning numbers), then you WILL NOT go to jail if you decide to plead nolo/guilty. But, let's say you went down the other path - you fought all the way and did a jury trial and were found guilty ---if you have no record, and your BAC numbers are at or below a .15, then MOST judges in that courthouse (recall above --I know which judges are currently assigned to Metro) would NOT give you jail (though the judge at that point would have the authority at least to put you inside up to 180 days in county).
So, if this is just a vanilla first time DUI, EXTREMELY, EXTREMELY likely no jail. Hope this gives you some relief.