Was Arrested in cache creek for a dui

[juanita3]

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

I would like some advice this is my first DUI I was not driving the truck my brother in law was he got off the truck to use the restroom the truck was parked by the gas station I went up front to use the cell phone I seen security go up to my brother in law and me and my sister stayed in the truck the cops came and all went hell they end up beating my brother inl law while that was happening alot of highway patrols showed up and they got me for dui because i was in the front of truck.I obeyed them and told them I just went up front to use cell Should I get a public attorney or just say Im guilty I never been in this situation they got my brother in law for reckless driving and a dui too can they do that charge two persons for a dui? Whats weird is they took him to the hospital but not book him he later walked out of hospital not remebering what happen he got his head open and black eyes lips busted.and he found a citation to go to court but no officer signed it they wont release the hospital report. But I really don't know what to do how can I get a public defernder before court I have it in Nov 20 2008.Please helpWhat is the name of your state (only U.S. law)?

[BigMistakeFl]

You need a lawyer. If you can afford one you will need to hire one on your own. If you can prove need, you may be entitled to a public defender.

Your cell phone doesn't work in the back seat?

[juanita3]

hey but it was up front what will be my punishment if I plea guilty how many times do I have to go to court. I live in Gilroy and need to go to court in woodland.

[BigMistakeFl]

Again, I think you should speak with a lawyer. If your brother was charged with DUI for the vehicle in which you were charged at the same time, you might have something. Dunno. The whole story sounds weird.

Most lawyers will grant you a first consultation for free. You start paying when you agree to hire him/her and sign on the dotted line. You can thus visit more than one lawyer if you wish and have the time, asking any questions you wish.

[CdwJava]

I'm thinking that the theory is that one guy drove into the gas station, and juanita3 then moved into the driving role - thus both were DUI of the same vehicle at different times. I'm not sure how the DUI against juanita3 will fly unless she was observed driving or firing up the vehicle, but that will be up to the attorneys to evaluate.

yes, you need an attorney.

And it is likely that if you plead guilty you will have to appear at least twice at court in Yolo County (Woodland). Plus, you might have to spend a short stint in jail there as well.

- Carl

[juanita3]

Thank you for your advice I will get the public defender when I go to court. Do you know how long it takes to talk to one? Or will I be able to see one when I apply for one?

[juanita3]

My brother in law went to the restroom at the gas station I did admit that I was going to move the car which I shouldn't have.But the security were the one who called cops the cops did not see me drive. I went to get my blood drawn and it was .15 I did do one day in jail.

[CdwJava]

Originally Posted by juanita3

Thank you for your advice I will get the public defender when I go to court. Do you know how long it takes to talk to one? Or will I be able to see one when I apply for one?

You may be able to talk to one on the day of your arraignment. However, the one you speak to may not be the one ultimately assigned to your case. How long you may have to wait to speak to him or her can vary by the attorney and caseload. In Yolo County you can usually get a call in that same day or within a few days of the first hearing.

- Carl

[CdwJava]

Originally Posted by juanita3

My brother in law went to the restroom at the gas station I did admit that I was going to move the car which I shouldn't have.But the security were the one who called cops the cops did not see me drive. I went to get my blood drawn and it was .15 I did do one day in jail.

The cops do not have to see you drive - they need onoly show that you drove (and the security guards are witnesses that can show that you were in possession of the vehicle, that the engine was running, and that you did move or tried to move the vehicle.

- carl

[juanita3]

Thanks for your advice and you really helped me I really learned my lesson will never do that again not worth it do you know if I can get a restricted DL to take my kids to doc. apt or to school?

[CdwJava]

Originally Posted by juanita3

Thanks for your advice and you really helped me I really learned my lesson will never do that again not worth it do you know if I can get a restricted DL to take my kids to doc. apt or to school?

If you are convicted and/or your license is suspended, you will have to schedule a hearing with the DMV to find out about a restricted license. While the Vehicle Code says you can petition the court for a restricted license, it is my understanding that the court defers this to the DMV.

- Carl