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First DUI/clean driving record since I started driving/no criminal record. Stuck in
Anonymous1 views4 answers
As I was heading home I stopped at a red light. I put my car in first gear when it was time to go and I noticed my clutch gave out, as if the car was in neutral. I pulled off to the side of the hwy with the momentum my car still had and went over a sharp curb into a muddy ditch. I was stuck for at least 45 minutes while my cell phone charged a bit. I do have AAA insurance and requested a tow to my house which was a 10 minute drive. The tow truck arrived, I went back to my car to grab my jacket, look back and see a highway patrol officer. He asked me if I had been drinking I told him the truth and how many I had, he did a few tests and arrested me. I'm lost as to what I should do and what options I have. I would really appreciate any advice thank you very much.
Michael Lee BeckerCriminal Defense AttorneyLas Vegas, NV ·
Nothwithstanding all the information that you provided, there are alot of unanswered questions. How much did you have to drink? Were you impaired? Did you take a blood, breath, or urine test? What tests did he have you perform? How was your performance on the tests? Are there any factors aside from drinking that may have effected your performance on the tests? Do you have a prior record for DUI? Did you have anything to drink from the time your car got stuck until the time the CHP officer arrived? What is the result of the BAC test? Why did the officer ask you if you had been drinking, e.g. did you smell of alcohol or were your eyes bloodshot? It really seems under these facts that you should consult with an experienced DUI attorney and be prepared to answer these and other relevant questions.
Easy answer: Check the National College of DUI Defense website or the California DUI Lawyers Association website and contact a member attorney in your area.
While there are always a lot of unanswered questions in posts that occur here, there are significant legal hurdles for the officer and the prosecutor to jump prior to a conviction in this case. Because it is somewhat complicated, it is always best to consult with an experienced DUI lawyer to discuss all those options.
Based on your answers to some of the questions mentioned above, that attorney can suggest scenarios that reflect your desires within the parameters of the facts known to both of you at the time. Again, this is a little complicated.
As far as choices: (1) Hire a private lawyer, (2) request the service of the public defender, (3) represent yourself. Your only initial choices are to plead not guilty and attempt to work find a resolution or head to trial OR plead no contest to an agreed disposition immediately. I would always choose the former over the latter (not guilty v. no contest).
Best of luck
You need to retain an experienced DUI attorney. There is a huge issue about the officer arresting you for a misdemeanor offense that did not occur in his presence. You may be able to have the chemical test and other critical evidence excluded.
If you are ultimately convicted, you may be eligible to have the conviction expunged once you complete the terms of your sentence. You should discuss this with your defense attorney.
