QUESTION
Is DUI a probable cause to be pulled over and is it worth fighting?
Asked on Dec 22nd, 2012 on DUI/DWI - California
More details to this question:
I was in Dublin, CA just leaving the holiday work party. I drove fifty feet to a gas station and parked my car putting the keys even in my back pocket. I was trying to call friends that were supposed to meet up when 5 minutes of being parked a cop tapped on my window. He asked if I had been drinking but when she viewed the company gift of any unopened whiskey bottle he ordered me out and handcuffed me. I passed all tests with flying colors because I had only had 2 beers. He then asked to take a breathalyzer and happily obliged. After 5 times (4 he said were error)I blew a .081 and he booked me on a DUI. I also opted for the blood test as I am confident that I was not over the legal limit.
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is definitely worth fighting and definitely worth fighting the suspension. You need to call the dmv within 10 days of your arrest to get a hearing to fight the suspension. (the 10 days does not include the day you were stopped.)
Answered on Jan 04th, 2013 at 9:02 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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A DUI is not probable cause to pull you over. It is the crime you are charged with after being pulled over. If an officer sees probable cause, like you leaving a bar and getting into a car, he pulls you over and tests for intoxication, then and arrests you for DUI. You do not have to be over the legal limit to be convicted of DUI, only impaired driving. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire a local attorney who does, A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction.
Answered on Dec 28th, 2012 at 2:29 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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From the information it might be worth fighting. You may be able to plea to a lesser charge such as a wet or dry reckless so as to avoid the hassles and expense of a trial. You may also want to take it to trial if money is no problem and you feel that you have the evidence to prove your innocence.
Answered on Dec 28th, 2012 at 2:29 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Any criminal charge is worth fighting. Having a criminal record is a burden anyone should want to avoid. From what you described the largest obstacle for the DA to overcome is proving the element of driving. While the arrest might hold up, a conviction sounds much more difficult. Find an attorney and let them protect you from making a mistake.
Answered on Dec 27th, 2012 at 2:18 PM