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What are my chances of getting my DUI dismissed or reduced , my BAC% was 0.087
Anonymous2 views4 answers
I was pulled over by chp officer for not using my trun signal while changing lanes I took all test and my BAC was 0.087 . I was taking to the chp Station and was released to my brother rite after all my paper work was done . I read my ticket and it doesn't show there reason for pulling me over . This is my first DUI
With competent counsel you may be able to get it reduced to a wet and reckless or a dry and reckless. Both are infractions as opposed to a DUI which is a misdemeanor. A wet however is treated as and counts against you as a DUI if you get another DUI in the future. It is less likely but still possible to get case dismissed. Talk to an attorney. It's not worth having a criminal record. I woul be happy to personally guide you. Just give me a call 888-652-5529.
With this bac it is possible to get this matter reduced. It is still a difficult case and you have the DMV to contend with. It is not going to get dismissed unless there were no grounds to pull you over. The turn signal is probable cause " although weak".
Andrew Roberts
(805) 496-7777
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
First of all, make sure you contact DMV within 10 days and preserve your right to a hearing. Second, get a good DUI lawyer. With a .087, you should be looking at going to trial, not copping a plea, unless the facts of your case are particularly bad. Any lawyer who advises you to consider plea bargaining, before even looking at the particular facts of your case and the defenses available to you, is not doing you a service. You shouldn't even begin to consider taking a wet reckless, unless you have discussed the facts of your case and considered whether the rising blood alcohol defense applies to you or whether the results you got falls within the margin of error of the technology that was used. DUIs have serious consequences and they are priorable and can cause problems down the line. For that reason, you should fight any conviction for a wet reckless or DUI if at all possible. In your case, it is likely possible. Get yourself a lawyer who knows how to fight and win DUI trials. Good luck to you.
Turn signal stops are not necessarily lawful in California. A new case called People v. Carmona http://www.thenewspaper.com/rlc/docs/2011/ca-signal.pdf solidifies what some of us have argued successfully for years (i.e., that not using a turn signal is not unlawful unless another motorist is affected by it). That and a .087 BAC (which is low compared to most DUI cases that are prosecuted), bode well. You should aggressively pursue a dismissal.
