More details to this question:
I was out with some friends at a bar, had a great time then decided to go home, on my way home there was an accident on the freeway (which happened abt 30 min befor my incident happened), so there was traffic backed up. All the cars were stopping and Im going abt 60 and I slam on the brakes so I wouldnt hit the car in front of me. I was getting to close so I panicked and swerved out the way, when I swerved into the next lane another card hit me (a man and his wife and 2 teenagers were in the car with him) my phone was dead and I had no paper and pen to write down his info, so I told him to follow me off the freeway. On my way to the exit there were police officers by the exit directing traffic, they saw my car and they asked if I was in an accident and I replied yes, so an officer took my car and drove it off the freeway. the officer asked me and the other driver for our insurance I had my insurance but the other guy didnt, the officer asked me to take a breathalyzer test and I told them no id rather take a blood test so they took me in, I got my blood test and then I was taken to the jail, I was never read my Miranda rights either. My question is am I facing jail time? This is my first time offense, I have no priors on my record, Iv never been in trouble with the law and always respected it, I was just careless that day. Please help because this is a big strain on my family and I need t know whats gonna happen in advance so I can make plans to make sure my family is taken care of. Thank you
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The police do not have to give you your rights unless they are going to question you while you are in custody. You could be looking at some jail, from 1 day up. I am assuming no broken bones or other serious injury so the top on a first time is 6 months in jail. If there are serious injuries the top could be time in prison. I cannot be much more specific.
Answered on Jun 15th, 2013 at 6:43 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Since we do not have all the facts, it is impossible to give a completely accurate answers. Have you been charged? What were the results of the blood test? If you have no criminal history and this is your first offense, fines, probation and community service/labor are good possibilities I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jun 14th, 2013 at 6:18 AM
Criminal Defense Attorney serving Irvine, CA
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Law Offices of Donald G. Sowers
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I am sorry to hear about your recent traffic collision and arrest for DUI. And to answer your question about jail, each county in California has a different district attorney and different judges. So while a DUI collision without injuries to other parties in Los Angeles may not entail any jail time, a DUI in Ventura may require weekend jail time and in Orange County you are looking at additional community service. An experienced DUI attorney in your area can let you know what to expect if you are found guilty. However, it is vitally important for you to speak to a DUI attorney just as soon as possible; as you have only ten days from the date of arrest to request a hearing with the DMV to stop the automatic California driver license suspension that is pending in 30 days. And if a DMV hearing is requested within 10 days, your California privilege to drive does not automatically become suspended; so you can continue to drive past the 30 days pending the outcome of that hearing.
Answered on Jun 12th, 2013 at 10:38 PM