• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

DUI

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

K

kittie

Guest
I live in Illinois,just got a DUI while vacationing in California.The legal limit there is.08 I registered at .12.
I was pulled over because the person following me(my cousin) was drunk, and driving like a maniac.The officer said that since he was following us, he was going to test us both.I did the field sobriety tests ,and passed then I was given a breathalizer anyway and it registered too high.
(Ireally question the results) the officer then told me I had to come to the station. I was not cuffed or read my rights. Once there I was booked ,then I bailed out.
It was not explained to me that I could stay untl morning and see a judge, so now I have to travel back in 2 weeks for a court date.
What can I expect? Did the officer really have good reason to pull me over? Im assuming I will be found guilty no matter what.Would I be better off just to plead guilty? If I contest it will I have to go back for another court date? What are DUI fines in California?(my bail was 2500. 10% of that to get out)If that helps.
 


L

lawrat

Guest
I am a law school graduate. WHat I offer is mere information, not to be construed as forming an attorney client relationship.

Well, the cop did have reasonable suspicion to pull you over. Breathalizer and field sobriety tests are merely two tests. There is question as to the efficacy of each if you passed one but not the other. Read this stuff:

CALIFORNIA CODES
PENAL CODE
SECTION 13894.5-13894.9




13894.5. The Legislature finds and declares all of the following:
(a) The people of California have a public safety interest in
ensuring that individuals who are arrested and convicted of driving a
motor vehicle while under the influence of an alcoholic beverage,
any drugs, or any controlled substances receive the appropriate
sentence or penalty based on that individual's complete driving
history.
(b) An accurate record of the prior arrests and convictions of a
person for driving under the influence may not be available to the
judge at the time of sentencing because the person may have used an
alias or some other form of false identification.
(c) There is a need for a reporting system that can identify, in a
timely fashion, the prior arrest histories of those arrested for
driving under the influence.
(d) The intent of this act is to require that a pilot project
relating to the fingerprinting of those persons arrested for driving
under the influence be implemented in a designated county.



13894.6. The Department of Justice shall designate an appropriate
county or portion of a county, with the county's consent, for a pilot
fingerprint project. The designated area should be as
self-contained as possible to increase the likelihood that the
arrestees' residences, places of work, and general driving patterns
are within its boundaries. In consultation with the department, the
sheriff of the designated county shall fingerprint persons who are
arrested for a violation of Section 23152 or 23153 of the Vehicle
Code using a livescan fingerprint computer system. The sheriff of
the county designated by the Department of Justice shall cooperate
with the department in the county's implementation of the pilot
project.



13894.7. Under the pilot project, the sheriff of the designated
county shall statistically track the persons arrested for driving
under the influence for an 18-month period to determine whether the
same individuals are arrested for subsequent driving offenses during
the pilot period and whether the person's prior records in the pilot
project fingerprint data base are successfully matched as a result of
the fingerprint identification process.



13894.8. The sheriff of the portion of the county designated by the
Department of Justice shall take the fingerprints of persons
arrested for driving under the influence of alcohol or drugs, or
both, with the livescan fingerprint computer system.




13894.9. The Bureau of Crime Statistics, within the Department of
Justice, shall advise on the study's design, review the findings, and
assist the county in preparing a report to the Legislature which
shall be submitted by the designated county to the Legislature on or
before November 1, 1992. The report shall include all of the
following:
(a) The basis for the selection of the county or the portion of a
county designated for the implementation of the pilot project,
including consideration of the number of persons arrested for driving
under the influence in the jurisdiction chosen, the geography, and
the population.
(b) The staffing and other support requirements of the designated
county sheriff's department which assisted in the taking and
processing of the fingerprints with regard to the implementation of
the pilot project.
(c) Any recommendations by the sheriff or the department for
legislation as a result of the pilot project.


There are also sections of the vehicle code that would apply:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pen&codesection=veh&codebody=driving+under+the+influence&hits=20
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top