need help! first time offense, CA.

[sooper]

What is the name of your state? Bay Area, California

I came out of a Dave N Buster's and after getting in my car with 2 other people, I began to pull out and I noticed a cop following me, however I remained in the parking lot and I pulled into another parking space. Just to be safe. He blocked me in, asked for my license, if I have been drinking...etc... gave me the FSTs and a brethalyzer... after going to the station I was given another brethalyzer. He said I blew a .085 - .09 something. I was detained for the night. Now I want to know if I should get an attorney? And if I got a good attorney, what can my best scenario be? I guess my main concern would have to be with insurance and my driving priviledges. I felt that I was completely sober at the time he stopped me and I only had 3 drinks in about 2-3 hours. Please let me know any advice, as I find myself in a big jam. Also I got detained on christmas Eve. Today! 12/24/04. What a day.

 

[sooper]

in addition

I was not driving improperly, or illegally, or suspiciously for him to pull me over. he pulled me over for expired tags, and I was cited for that already and the DMV has them in the mail coming for me.

 

[CdwJava]

I was not driving improperly, or illegally, or suspiciously for him to pull me over. he pulled me over for expired tags, and I was cited for that already and the DMV has them in the mail coming for me.

Then the stop was perfectly lawful and justified. If the DMV has sent them via the mail, that means they are not on your vehicle as required.

And, yes, you should get an attorney. It's better to have representation than not.

- Carl

 

[sooper]

so there is nothing that I can do to fight this off huh? Am i basically guaranteed to be convicted of a dui? Also it says that with a DUI there are two parts, the criminal part, and the administrative part. Now if I get the DMV to allow me to drive to work and school, does my insurance still go up? And if I choose to fight it and plead not guilty, and if the cop doesnt show and I win, then does the DMV and insurance still know about the incident? THanks.

 

[CdwJava]

so there is nothing that I can do to fight this off huh? Am i basically guaranteed to be convicted of a dui?

There's no such thing as a "guarantee", but if you were pinning your hopes on the tags, then look elsewhere.

Generally, the best chance to beat a DUI is to hire an attorney that specializes in DUI defense. And, keep in mind, that even then, the odds of a "win" is slim as the best that is usually done is to negotiate an acceptable plea arrangement.

Also it says that with a DUI there are two parts, the criminal part, and the administrative part. Now if I get the DMV to allow me to drive to work and school, does my insurance still go up?

That's right ... at least unless or until the court suspends your license. The DMV MAY revoke your license until after court (and beyond), but you have 10 days to schedule an appeal of the temporary suspension.

As for the insurance, I would presume that a conviction on the criminal end would definitely put you on the block for an increase.

And if I choose to fight it and plead not guilty, and if the cop doesnt show and I win, then does the DMV and insurance still know about the incident?

This ain't a traffic ticket. If you fight it, there will be a potential jury trial (unless you waive it). The cop is not likely to miss that.

- Carl

 

[fagettaboutit]

so there is nothing that I can do to fight this off huh?

No, you can hire an attorney. An attorney that ONLY specializes in DUI law. That'll cost you over $4,000. If you want to be acquitted, don't hire anyone BUT a lawyer that practices only DUI law.

Am i basically guaranteed to be convicted of a dui?

This is why you want to hire a lawyer that specializes in DUI law. Three drinks in a 2-3 hour period shouldn't put ANYONE over .085 or .09 -- unless you weight 100 lbs. Breathalyzers are fallible. If that's all you drank, a DUI lawyer should be able to dispute that reading. period.

it says that with a DUI there are two parts, the criminal part, and the administrative part.

Yes, that's true. Welcome to the DUI MADDness.

Now if I get the DMV to allow me to drive to work and school, does my insurance still go up?

Yes, it does. You've been arrested for DUI. Even though you may be acquitted if DUI, your insurance company will still see it as being arrested for DUI. Joy! Insurance rates can go up and no one is going to help you with that. Again, welcome to the DUI MADDness -- it's a money cow.

And if I choose to fight it and plead not guilty, and if the cop doesnt show and I win, then does the DMV and insurance still know about the incident? THanks.

Yes, the insurance companies are always looking for ways to over-charge people. No shock to you or anyone else reading this, right? If you weren't drunk, you SHOULD fight it. Taking a plea will not get you a better "deal". Double jeopardy though. Even if you do fight it and win, your insurance will still go up. You're hiring an attorney to fight the criminal charges. The other charges are those you can't "fight".

Consult and hire a GOOD DUI lawyer. In case you missed it, welcome to the DUI MADDness. Even a non-drinking man/woman, once arrested for DUI, can't fight the insurance company.

Three drinks in less than two hours wouldn't put anyone 150 lbs over .06. Nice to know that the cops were sniffing out unregistered vehicles while people were getting raped or killed across town. Only MADD could convince everyone that your arrest made the town that much safer.

Good luck.

 

[CdwJava]

Nice to know that the cops were sniffing out unregistered vehicles while people were getting raped or killed across town.

Oh PLEASE!!!

And HOW would they have prevented that rape or murder, huh? IF one did indeed occur?

Disagree with DUI laws all you want ... fortunately, they ain't changin' in the near future - and we are all safer because of them. Be lucky I'm not in charge, because DUI laws would be stiffer.



- Carl

 

[Shay-Pari'e]

No, you can hire an attorney. An attorney that ONLY specializes in DUI law. That'll cost you over $4,000. If you want to be acquitted, don't hire anyone BUT a lawyer that practices only DUI law.



This is why you want to hire a lawyer that specializes in DUI law. Three drinks in a 2-3 hour period shouldn't put ANYONE over .085 or .09 -- unless you weight 100 lbs. Breathalyzers are fallible. If that's all you drank, a DUI lawyer should be able to dispute that reading. period.



Yes, that's true. Welcome to the DUI MADDness.



Yes, it does. You've been arrested for DUI. Even though you may be acquitted if DUI, your insurance company will still see it as being arrested for DUI. Joy! Insurance rates can go up and no one is going to help you with that. Again, welcome to the DUI MADDness -- it's a money cow.



Yes, the insurance companies are always looking for ways to over-charge people. No shock to you or anyone else reading this, right? If you weren't drunk, you SHOULD fight it. Taking a plea will not get you a better "deal". Double jeopardy though. Even if you do fight it and win, your insurance will still go up. You're hiring an attorney to fight the criminal charges. The other charges are those you can't "fight".

Consult and hire a GOOD DUI lawyer. In case you missed it, welcome to the DUI MADDness. Even a non-drinking man/woman, once arrested for DUI, can't fight the insurance company.

Three drinks in less than two hours wouldn't put anyone 150 lbs over .06. Nice to know that the cops were sniffing out unregistered vehicles while people were getting raped or killed across town. Only MADD could convince everyone that your arrest made the town that much safer.

Good luck.

Save yourself from listening to *Forget* guy, he is on a personal mission.

You received a DUI, you blew over the limit, and having a attorney argue your test results will be mute.

You were in fact DUI.

Learn from it and please do not drink and drive again. Good Luck, and ask *JAVA* for more info as he is a police officer in CA.

 

[fagettaboutit]

Disagree with DUI laws all you want ... fortunately, they ain't changin' in the near future - and we are all safer because of them. Be lucky I'm not in charge, because DUI laws would be stiffer

Oh please! You've seen more deaths from sober drivers yet you're not pissin' and moanin' from those are you? Neva! You'd rather lock up a drinking driver for killing someone than lock up a sober man for doing the same. Those same people look like your family, your friends.

How stiff, Carl? Would you'd be willing to lock up your friends for thinking of a cold beer while driving? 150 DUI arrrests over how many years on the job? Yet you probably wrote more tickets for speeders. One would hope. You pretend those speeders don't kill. Oh no, you follow a code of the law. No wait....it's "easy" to arrest people that have been drinking. Right?

Like I said, cops would rather go for the easy arrest. Notch on the belt --- or something like that.

 

[Shay-Pari'e]

Oh please! You've seen more deaths from sober drivers yet you're not pissin' and moanin' from those are you? Neva! You'd rather lock up a drinking driver for killing someone than lock up a sober man for doing the same. Those same people look like your family, your friends.

How stiff, Carl? Would you'd be willing to lock up your friends for thinking of a cold beer while driving? 150 DUI arrrests over how many years on the job? Yet you probably wrote more tickets for speeders. One would hope. You pretend those speeders don't kill. Oh no, you follow a code of the law. No wait....it's "easy" to arrest people that have been drinking. Right?

Like I said, cops would rather go for the easy arrest. Notch on the belt --- or something like that.

I am left to wonder why you spend your time on this site. Your diatribe is boring.

Have you not gotten the fact that 90% of the American Public do not agree with you? That leaves you with 90 people out of a 100 in a room who think your nuts. Ten of them are DRUNK.

 

[fagettaboutit]

Save yourself from listening to *Forget* guy, he is on a personal mission.

Explain how far from YOUR mission mine would be.

Go 'head. Entertain. Give your absolute best tap dance. Shine.

You received a DUI, you blew over the limit, and having a attorney argue your test results will be mute.

How do you know the OP blew over the limit? What exactly the the breathalyzer register? It's not alcohol. So what is is? Oh got 'head and shine again. Please!

You were in fact DUI.

Again, how do you know? Did he bleed on ya? Did he blow ya? How do you REALLY know.

Learn from it and please do not drink and drive again. Good Luck, and ask *JAVA* for more info as he is a police officer in CA.

Yes, Java would lock up and throw away the keys. As he stated......

Be lucky I'm not in charge, because DUI laws would be stiffer

He hated the comment of rapists and murders, but damn, he'd lock up a person who drank!

See, people here HATE for anyone to give not shameful advice.

 

[fagettaboutit]

am left to wonder why you spend your time on this site. Your diatribe is boring.

Have you not gotten the fact that 90% of the American Public do not agree with you?

In you're mind, it must be so nice. HAHA. What is YOUR Agenda? 90 percent? HAHA

That leaves you with 90 people out of a 100 in a room who think your nuts. Ten of them are DRUNK.

Teetotaler. You've got you hate the fact that alcohol is LEGAL. Oh, pumpkin, is that hurting your feelings? Mmm.

 

[howamidoing]

In you're mind, it must be so nice. HAHA. What is YOUR Agenda? 90 percent? HAHA



Teetotaler. You've got you hate the fact that alcohol is LEGAL. Oh, pumpkin, is that hurting your feelings? Mmm.

Let's just hope a person who has had 1 drink doesnt get in the car and run over you! The fact alone that someone would knowingly drink and drive means they have no responsibility, no thought about anyone but themselves. You should also remember that driving is a PRIVELAGE NOT A RIGHT! You choose to act like an irresponsible child you lose your privelage. When a sober person is in/or causes an accident it is usually an accident, hence the term accident. They usually are not intentionally getting behind that wheel to kill someone. When someone who has been drinking gets behind that wheel they KNOW they are impaired and they are taking that chance, so they are INTENTIONALLY setting out with malice and forethought to SELFISHLY mangle or kill someone. To the op. I hope you get punished enough to learn your lesson. if you were driving with expired plates, then you WERE driving illegally.

 

[CdwJava]

Oh please! You've seen more deaths from sober drivers yet you're not pissin' and moanin' from those are you?

Maybe I have ... though off the top of my head, I'm thinking that at least half the fatalities I have been to over the years have involved DUI drivers.

What you seem to forget is that DUI is preventable. And unlike a phone call - which can be terminated in moments - DUI lasts for the duration of the drive. And there is no objective test for someone who will or has driven with his head up his tailpipe, yet there is for DUI.

Neva! You'd rather lock up a drinking driver for killing someone than lock up a sober man for doing the same. Those same people look like your family, your friends.

If they drive and kill someone - and are at fault - they are going to jail. What ever led you to think otherwise? Certainly nothing I said.

How stiff, Carl? Would you'd be willing to lock up your friends for thinking of a cold beer while driving?

Nope. Not a crime. Drinking too many cold beers - yes. Thinking about it? Come on ... that's absurd.

150 DUI arrrests over how many years on the job?

Fourteen. But only 9 years doing street enforcement that found me DUI drivers.

Yet you probably wrote more tickets for speeders. One would hope.

I don't know. Maybe. But since I don't run radar, I don't write that many speeding tickets. I have written far more than 150 tickets, but maybe not 150 speeding tickets. As if it matters.

You pretend those speeders don't kill.

Nope. Never said that. But according to another poster on this site, speed does NOT kill.

Oh no, you follow a code of the law. No wait....it's "easy" to arrest people that have been drinking. Right?

Easy? No. Necessary? Absolutely!

Like I said, cops would rather go for the easy arrest. Notch on the belt --- or something like that.

Yeah ... it's so easy. And takes so little time.

It takes less time to write a felony assault report than it does a DUI report. And there are more details and issues that can come back to bite you in a DUI arrest than in a felony assault ... forms with specific boxes, procedures that must be adhered to, specific language that must be observed ... yeah.

So, easy? Not at all.

- Carl

 

[TX Shakespeare]

Texas

Did I miss the point? It sounds like this happened in a parking lot.
Private property??