adviseseeker
Junior Member
What is the name of your state? CA
I got my first DUI in Ventura county, CA, with a breath test of .09 and .08. I was pulled over for speeding (85 miles/hour) about 1 hour after drinking. I did the sobriety test, and the officer said I failed it and ask me to do the breath test. I first refused, but I complied after he told me my lisence will suspended for 1 year if i refuse. The results were .09 and .08. However, in the police report, the sobriety test was much exaggerated and he said I refused the breath test. I was arrested that night, but was released after only 2 hours in jail.
Finished the DMV hearing. Our arguments were: 1) the breath test results were borderline; 2) my blood alcohol level is sill raising as I finished my drink in about 1 hour (have receipt to prove this and witness to testify); 3) the reliabilty of the the breathalizer is questionable as we found out the time had to be adjusted when they did the mainance 4 days later.
However, the DMV hearing officer ignored all these evidence and decided to suspend my license for 4 months. He was very subjective in the hearing, and did not accept any of the evidence nor the witness testnomy. Is there a chance to appeal the DMV decision?
I need to decide whether to fight in court very soon. What's my chance of winning my case in court? Is it worth fighting if i have to spend another $10000 to go to court?
Any advise is appreciated!
HL
I got my first DUI in Ventura county, CA, with a breath test of .09 and .08. I was pulled over for speeding (85 miles/hour) about 1 hour after drinking. I did the sobriety test, and the officer said I failed it and ask me to do the breath test. I first refused, but I complied after he told me my lisence will suspended for 1 year if i refuse. The results were .09 and .08. However, in the police report, the sobriety test was much exaggerated and he said I refused the breath test. I was arrested that night, but was released after only 2 hours in jail.
Finished the DMV hearing. Our arguments were: 1) the breath test results were borderline; 2) my blood alcohol level is sill raising as I finished my drink in about 1 hour (have receipt to prove this and witness to testify); 3) the reliabilty of the the breathalizer is questionable as we found out the time had to be adjusted when they did the mainance 4 days later.
However, the DMV hearing officer ignored all these evidence and decided to suspend my license for 4 months. He was very subjective in the hearing, and did not accept any of the evidence nor the witness testnomy. Is there a chance to appeal the DMV decision?
I need to decide whether to fight in court very soon. What's my chance of winning my case in court? Is it worth fighting if i have to spend another $10000 to go to court?
Any advise is appreciated!
HL