California DUI question...?

[jswerve386]

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

I had my first DUI yesterday unfortunately but the circumstances were bizzare and I was wondering if it would be worth it to fight..

Last night I get home and park a block from my house after going out. After getting to my door I realize I forgot something in the car. When I get back to the car a police officer is in front of the car and asks me if its mine. I say yes. He says "We had reports of this car swerving while driving" mind you he never saw me in the car at all, this is from a call in. He proceeds to give me a field sobriety test then takes me to jail and I blow a .13 - Is it worth it to fight?

[j991]

Absolutely worth the fight. If the officer didn't see you driving then there really is no basis for the DUI. A drunk in public probably. Contact a lawyer if those are the exact circumstaces of the case I think you have a good shot a beating the charge on this one.

[CdwJava]

Originally Posted by jswerve386

Last night I get home and park a block from my house after going out. After getting to my door I realize I forgot something in the car. When I get back to the car a police officer is in front of the car and asks me if its mine. I say yes. He says "We had reports of this car swerving while driving" mind you he never saw me in the car at all, this is from a call in. He proceeds to give me a field sobriety test then takes me to jail and I blow a .13 - Is it worth it to fight?

That's up to you. You need to consult with an attorney.

If they have observed driving - even by witnesses and not the officer - coupled with your admission, they could make a strong case for DUI. If they have no observed driving, then you can probably get a plea down to public intoxication or something similar.

- Carl

[jswerve386]

its exactly what happened. He asked me if I had gone out and if I had anything to drink. I said I had a few beers. He then said that there was reports of a car similar to mine swerving. I think I'm going to try and fight it. I'm just worried about the court costs.

[CdwJava]

Originally Posted by jswerve386

its exactly what happened. He asked me if I had gone out and if I had anything to drink. I said I had a few beers. He then said that there was reports of a car similar to mine swerving. I think I'm going to try and fight it. I'm just worried about the court costs.

Hiring an attorney could cost you upwards of $2,500 if it does not go to trial. It will probably be less, but it depends on how far the DA wants to take it. I suspect that if all is as you say, the DA will not go after you for DUI at all.

- Carl