Had the accident, was taken to the hospital, upon release a social worker stated that there was no log of a LEO request for a BAC blood draw. I never received a 30 day temp license or any information about a court date. Now, there is a warrant that I recently found out about. Unfortunately, I haven't the resources to hire a lawyer. The facts are as accurate as I can make them since the first thing I remember after the accident is waking up in the hospital. The last thing I remember prior to the accident was being cut off by another vehicle.
I realize that your finances may be tight, but you cannot afford to tackle this on your own. Any legal matter is tough enough for a non-lawyer, but a DUI case is one of the most amazingly complex areas of law that full of pitfalls for the unwary. Do yourself a favor and at least seek a consultation with a California DUI attorney. There are a number of outstanding attorneys in northern California, but I recommend that you seek guidance from the law firm of Kapsack & Bair in San Francisco, even if just via a phone consultation. Bruce Kapsack is one of the most experienced and qualified DUI attorneys in the entire state and can provide you the guidance you need. You can find them via a Google search or via www.ncdd.com. Given the description of your accident and the manner of the investigation, there may, in fact, be various defense issues available that could win the day for you if presented the right way. Do yourself a favor and find out what a qualified lawyer can help you do and find a way to hire one.
I competely agree with the previous answer and would add that going to court without a DUI Attorney is the wrong thing to do. Most states will list your dui as a life time conviction record which will affect future job chances. Dui's are a class of crimes which have much greater chances for additional punishment on subsequent dui convictions,and many other unforseen consequences.
Victor Carmody
781 Liberty Rd.
Flowood Mississippi 39232
www.mississippidui.com
601-948-4444
I have handled two similar cases during the past year. Your involved in an accident and are injured and months later learn that you have been charged with DUI.
While you were being treated at the hospital a police officer most likely requested that your blood be taken and analysis probably determined your blood alcohol content to be .08 or more.
In both case I handled I challenged the initial blood draw. California has very specific laws regarding blood and breath tests for DUI cases. Essentially once a police officer arrests someone for DUI they must advise the person that they have a choice of which chemical test to take and that if they fail to do so their license will be suspended for one year. Since your were never arrested and advised of your rights regarding chemical tests you would think the evidence would be excluded, not so. In determining whether evidence is excluded courts look to the federal standard. Federal law does not require that someone be arrested and advised of chemical test rights prior to a sample being taken. Federal law basically requires probable cause to arrest existed prior to the sample being taken.
I filed motions chalenging the evidence in both the cases I handled. I won one and lost the other. The case I won was motor cycle accident. There was no mention of any suspicion of alcohol consumption in any police report. No odor of alcohol, no red watery eyes, absolutely no objective symptoms of intoxication. The case I lost was different; the driver displayed objective symptoms, admitted to drinking, and there was alcohol in the car.
This was probably too detailed an answer, but it goes to show you that there are issues and consulting an attorney to at least discuss your case is advised. Depending on your specific facts you may be able to challenge the blood test. This is just one of the issues an experienced DUI attorney will look into.
Brian Andritch
