Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drunk Driving / DUI / DWI

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-22-2003, 04:01 PM
chucklbch
Guest
 
Posts: n/a
Question

1st offense in ca---help!


What is the name of your state? California
I was arrested a few days ago for 1st offense dui. I had a flat tire, pulled to the left shoulder (safest) called AAA. For safety reasons the AAA driver called CHP to escort me to the right shoulder. Upon talking to the officers they gave me sobriety tests which i passed, then a BAC test which i blew .08. The limit is .08.
I was not read my rights. Can i get a court appointed attorney? If so, how do i do this....
Also, i am currently unemployed, can i get community service in lieu of a fine?
If you respond, I thank you for your assistance.
  #2  
Old 10-30-2003, 04:55 AM
Junior Member
 
Join Date: Sep 2003
Location: ca
Posts: 15
Im not an attorney but, might be a little help. When you go to your arrainment (1st court date),the judge will tell you were your public defender is located so you can see if you qualify.And if your unemployed you will qualify.

They will give you a fine and maybe require a alcohol class and or some kind of weekend work or something to that effect.At least thats what they do to everyone around here (north ca) and there the worst a**holes. So, it shouldn't be to different down there, I'm not sure about just weekend work/community work instead of a fine.There in it for the money so There going to want something. Over here a 1st dui is I think $1500.

And just so you know it get worse each time, so if you think your stupid enough not to have learned from this and you could see your self getting another DUI someday down the road, and you dont kill someone or yourself next time than you better start looking for work. Cause they don't like DUI's and I've known a couple people that did time for multiple DUI's and you'll be needing a private attorney.
And if you think about it, they have a good reason. I don't know how many beers it actually takes to get a .08, so I could compare how you would be effected. But having a tire blow out can be dangerous even for some when sober, and something that stupid could have turned into something fatal for you or someone else.
I'm sure you don't need my opinion on this but, I HAD a friend that wasn't even really buzzed and he got into an accident and killed someone. He was a normal person no criminal past traffic tickets and he got 5 years in prison, and that was his first jail or police type of contact. It only takes one time.

Anyway, good luck.
  #3  
Old 10-31-2003, 02:01 PM
JEXT
Guest
 
Posts: n/a
What were you drinking? Beer? Beer with chaser? I prefer Bud light, watching the calories.
  #4  
Old 10-31-2003, 02:09 PM
Senior Member
 
Join Date: Sep 2003
Location: Purgatory
Posts: 2,023
Community service may be issued it will be up to the judge. But the fine may be combined with jail time.
Punishment will depend on all the facts of the case and your driving record as a whole

Please see:

[url]http://www.chp.ca.gov/html/enough.html[/url]




You pulled to the left shoulder? Left-across traffic? Are you certain you were just .08 I think you may be lucky the test didn't register any higher.

Q. Can I get a court appointed attorney..
A. Yes if the court appoints you one. Are you pleading guilty?

Hope you have a clean driving record,

Good luck and really you are lucky you did not hit someone as you crossed the center and have more charges.
__________________
Fide, sed qui, vide.

Last edited by dequeendistress; 10-31-2003 at 02:15 PM.
  #5  
Old 11-02-2003, 06:25 PM
Member
 
Join Date: Jul 2002
Location: Northeastern Pennsylvania
Posts: 759
I'm a fan of a nice Yuengling (local brewery) Lager, but will often drink Coors Light or Budweiser when I'm not in the mood for something so rich.
__________________
When did they stop adding fluoride to the water, and start adding STUPID?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:06 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.