1st DUI 23152(a) VC in California

[topwerks]

What is the name of your state (only U.S. law)? California

1/30/09, The CHP said they saw me about couple of miles back, that I was moving(changing) from lane to lane, but didn't swiveled that much either. Then I saw him closing up on my truck, then stayed w/ me for about 1/2 miles by that time I was driving 65 mph straight as arrow.
After pull over of the FWY 118 & Sepulveda. He asked if I had been drinking earlier... Yes I said, but it was about 4 am and I finished drinkin about 2:30 am that nite. Did the tests and passed, but I refused the breathalyzer and told em to let me do the bloodtest, cuz I though would be better & it has been couple of hours and by the time I've gotten book and drone some blood would be another couple of hours, which it turn out to be like I imagined.
Got booked, then 14 hrs. later they released me, but didn't give me my blood result. On the Notice to appear ton 2/27/09, just said 23152(a) VC DUI & its a misdemeanor. Got my 10 DMV notice extended and the hearing is on 3/7/09.
Do I have a chance to fight this case and plead not guilty, since I dont know my blood result, because they said it would take them a little over a month to get or two. Or should I get a lawyer for it.
ANy help or advice would be gladly appreciated.

 

[Zigner]

What is the name of your state (only U.S. law)? California

1/30/09, The CHP said they say me about couple of miles back that I was in and out of from lane to lane, which I was changing from lane to lane but didn't swiveled that much either. Then I saw him closing up then stayed w/ me for about 1/2 miles by that time I was driving 65 mph straight as arrow.
After pull over of the FWY 118 & Sepulveda. He asked for if I had been drinking earlier... Yes I said, but it was about 4 am and I finished drinkin about 2:30 am that nite. Did the tests and passed, but I refused the breathalyzer and told em let me do the bloodtest, cuz I though would be better cuz it has been couple of hours and by the time I get book and drone some blood would be another couple of hours, which it was.
Got booked, then 14 hrs. later they released me, but didn't give me my blood result. On the Notice to appear ton 2/27/09, just said 23152(a) VC DUI & its a misdemeanor. Got my 10 DMV notice extended and the hearing is on 3/7/09.
Do I have a chance to fight this case and plead not guilty, since I dont know my blood result, because they said it would take them a little over a month to get or two. Or should I get a lawyer for it.
ANy help or advice would be gladly appreciated.

Are you drunk NOW?

(Get a lawyer)

 

[CdwJava]

Your English skills are atrocious, but i think I got the gist of it.

The reason they did not give you your test results after 14 hours is because you opted for a blood test. This has to be sent out for testing and the results might take a week to a month (sometimes longer) to come back.

Since none of us have the foggiest idea what the officer saw and how you did on the field sobriety tests, we cannot evaluate the strength of your case. So, the best advice to you would be to consult legal counsel.

- Carl

 

[topwerks]

Thanks CDSJAVA....

The cop side that I was going a little fast and asked if I was speeding I replied yes, about 70 because I had on the cruise control. But he didn't cite me on speeding.

I was reading up on the TONS... of letters all these attorney had been sending to me. So, I'll get the split blood test and police's report at the arraignment(Do I have choice of no Plead or not guilty plead?) then study it, then I'll decided then to get a lawyer to helped me out on any technicality if any to get me off this headache.

I could get a lawyer after the arraignment correct?

 

[CdwJava]

If you cannot afford an attorney, the court should offer you one at arraignment. Arraignment will be the first hearing and that will be where you enter a plea. "Not guilty" is probably what you want to plead if you want to buy time to research the case with an attorney. If you plead "guilty" or "no contest" it is going to be tougher to go back and change your mind. If you plead not guilty, you can always ask for a deal or plead out later.

- Carl

 

[topwerks]

thanks Carl
Any though about this from you.

 

[CdwJava]

thanks Carl
Any though about this from you.

Not much I can go on ... I don't know what the officer saw, and how you performed on your field sobriety tests. As a note, most people who fail think they "passed" the tests. One of the first things that tends to go bye-bye with alcohol is judgment.

- Carl