Dui In California

[mpr732]

What is the name of your state? CA

Facts of case: Sleeping with engine running on State Freeway. CHP never saw me driving. I told them I had a couple drinks at a bar and pulled over cause I was tired. They asked if I took anything else and I told them I took a prescribed antidepressant 20 hours ago at my prescribed time. They Did a Breathalyzer twice. Once - .065, second - .068. They ordered me to take a blood or urine test to see if I was under the influence of a prescribed narcotic. I chose urine. Urine came back CLEAN (as I suspected). However, the DA's complaint is charging me with H&S 11550 (a) and 23152 (a). NOT the B charge. I hired a lawyer who said the DA dropped the charges and then refiled when they never really filed until later. I called him back and he said I would need to repay him or hire another lawyer. I fired him and will file a complaint with the State Bar since he didn't do anything but take my money. I hired a second lawyer, and at first, she was very responsive, but seems like she is doing the same thing my first lawyer did. She says she would call the prosecutor and then I don't hear from her for days and she ignores my calls. My arraignment date is coming up. Not sure why I am being charged with the 11550 (a) and not sure why attorneys would do this. I am scared and I have no more money. Can someone suggest something. An email would help.

 

[CdwJava]

Facts of case: Sleeping with engine running on State Freeway. CHP never saw me driving.

Which can be sufficient to support an arrest as one of the articulated exceptions to observed driving per CVC 40300.5.

I told them I had a couple drinks at a bar and pulled over cause I was tired.

THE number one answer to the question, "How much have you had to drink tonight?", is ... "Two ..."

So, by that first answer, they already suspected you were not quite truthful.

They asked if I took anything else and I told them I took a prescribed antidepressant 20 hours ago at my prescribed time.

If true, chances are 20 hours would have allowed the effects to wear off. But, keep in mind that one can still be driving impaired and arrested for DUI even if under the influence of prescription medication.

They Did a Breathalyzer twice. Once - .065, second - .068.

This indicates something more than "a couple" of drinks.

Urine came back CLEAN (as I suspected). However, the DA's complaint is charging me with H&S 11550 (a) and 23152 (a). NOT the B charge.

CVC 23152(b) requires a BAC of .08 or greater - that was apparently not the case here.

I am not sure where they got the H&S 11550 charge if the urine test came up clean ... but, something made them think you would be. Unless those charges were filed BEFORE the drug test came back.

She says she would call the prosecutor and then I don't hear from her for days and she ignores my calls.

There's not a lot to do before arraignment. i don't know what you expect from your attorney before that date. All that really happens there is a plea and the assignment of counsel. You may want your attorney to SEEM busy on your behalf, but there is really very little to do until after the arraignment.

If the drug test came back negative, then the 11550 may not be charged at arraignment. Depending on your performance during the FSTs and any observations of your driving made, they might still file the DUI charge. You'll have to wait and see.

- Carl