Lawyer Worth It?

[Ratman_84]

What is the name of your state? California, Sacramento

Hi, I was just picked up for a DUI last night and I'm trying to figure out if a laywer is worth the money. Here's the situation.

I'd been drinking, but hadn't had a drink for almost 2 hours. My friend who is a diabetic, but drinks (he has problems) came up to me and was freaking out saying he couldn't find his insulin and probably left it at home, which is only 10 blocks away, and that he's had too much to drink and feels like he might be going into the first stages of an attack. So I feel completely sober and I tell him we'll get him to his house.

So we're on our way and a look in my rearview mirror and I saw a cops headlights go on and then the flashing lights. He had been sitting off the side of the road with his headlights out. I'm not sure if that is considered entrapment or not and how to prove it. He pulls us over and I pass the physical tests he gave me, except when I tripped a little walking a straight line because he had me do it on a slope with dry leaves. Then he breath tested me and told me I had a .15 which totally baffled me seeing as how I wasn't incoherent in the slightest and had had more to drink the week before when I was breath tested and only had .04 BAC. Also, I read that the officer needs to spend 15 minutes observing the suspect before chemical testing or arrest and he only spent about 5. So he took me to jail, never once reading me my rights. And he also ended up losing my house keys, my lighter, and my gum and then claimed he didn't take them. Gum and lighter...whatever, but my house keys?

And the police at the station ended up being completely unprofessional and also ended up letting an underage drinker caught drunk in public go without any charges.

Anyways, I guess my question is, with my medical reasoning for getting my friend to his insulin and the arresting officer's lack of proper procedure, would hiring a lawyer be worthwhile? How much can a lawyer really help to reduce the penalties? Also, is there going to be a period where I can't drive my car at all? What do they expect you to do about retaining your job? Taking kids/yourself to school? Grocery shopping? That kind of thing? And I also heard I can request that the breath tester be checked for a calibration near the time of my test, is that true?What is the name of your state?What is the name of your state?

 

[BigMistakeFl]

BigMistakeFl

Entrapment? Why? If you hire a lawyer, he or she can question whether the cop had probable cause for the stop. As for the breath test machine, your lawyer can request callibration history for the machine, but they are tested regularly. That's discoverable.

As for the lighter, keys, gum, drunk kid who walked..... none of those will have any bearing on the case against you.

It is possible to request a "hardship" license for certain very restricted driving conditions. I'd speak with a lawyer, first meeting is usually free.

 

[CdwJava]

He had been sitting off the side of the road with his headlights out. I'm not sure if that is considered entrapment or not and how to prove it.

It is NOT "entrapment".

He pulls us over and I pass the physical tests he gave me, except when I tripped a little walking a straight line because he had me do it on a slope with dry leaves.

How do you know you passed? Can you tell me the "clues" the officer was looking for during the SFST battery, and which ones you did not exhibit? Did he tell you that you passed?

Also, I read that the officer needs to spend 15 minutes observing the suspect before chemical testing or arrest and he only spent about 5.

This is why a LITTLE knowledge can be a dangerous thing.

The 15 minute observation is required before the mandated chemical test if breath is chosen - this is AFTER an arrest, not before. the roadside PAS (aka PBT) test is part of the FST and is not your mandated chemical test.

So he took me to jail, never once reading me my rights.

He does not have to read you your rights unless he is going to interrogate you AFTER the arrest.

And he also ended up losing my house keys, my lighter, and my gum and then claimed he didn't take them. Gum and lighter...whatever, but my house keys?

Perhaps they were on the key ring with your car keys?

And the police at the station ended up being completely unprofessional and also ended up letting an underage drinker caught drunk in public go without any charges.

Was he drunk in in public? Was the minor unable to care for himself or the safety of others? Was he released to a parent? Or was the drunken minor under the age of 18 allowed to stumble out of the station?

Anyways, I guess my question is, with my medical reasoning for getting my friend to his insulin and the arresting officer's lack of proper procedure, would hiring a lawyer be worthwhile?

First, you have not shown any lack of proper procedure by the officer.

Second, there is no legal justification for driving impaired.

Third, if your friend's medical condition was so dire, did he request an ambulance when the police had you stopped? Was one called to the scene?

How much can a lawyer really help to reduce the penalties?

If you have no priors, he can possibly get you a plea down to a "wet reckless" per CVC 23103.5 ... provided your mandated chemical test BAC was not really at .15. If it was that high, I doubt a plea will happen.

Also, is there going to be a period where I can't drive my car at all?

Probably.

What do they expect you to do about retaining your job? Taking kids/yourself to school? Grocery shopping? That kind of thing?

You can do what so many of the rest of us do - make other arrangements. In my day, we took the bus to school (public transportation) and my parents carpooled to work and sometimes took the bus as well. Life does not end without a car.

And I also heard I can request that the breath tester be checked for a calibration near the time of my test, is that true?

Your attorney can request the calibration and maintenance records for the device during discovery.

After your arrest, did you choose a breath or a blood test? Do you know the results?

- Carl

 

[PJ Weber]

Then he breath tested me and told me I had a .15 which totally baffled me seeing as how I wasn't incoherent in the slightest and had had more to drink the week before when I was breath tested and only had .04 BAC

Sounds like you have a history of DUI?

Apparantly you are a very bad judge as regards to your sobriety

 

[Ratman_84]

I'm actually a pretty decent judge. I've been pulled over multiple times and been tested and have always been under the limit, which is why I'm suspicious considering I had less than the previous time I was pulled over and tested.

And a friend who works in law enforcement told me most agencies are incredibly bad at recallibrating their machines on a frequent basis.

 

[CdwJava]

I'm actually a pretty decent judge. I've been pulled over multiple times and been tested and have always been under the limit, which is why I'm suspicious considering I had less than the previous time I was pulled over and tested.

And a friend who works in law enforcement told me most agencies are incredibly bad at recallibrating their machines on a frequent basis.

Being UNDER the legal limit just means you are not guilty of the 'per se' section of the law, it does NOT mean that you are not impaired.

As for recalibration, you are referring to the handheld devices used in the field by many agencies ... this is not true for all such devices, and is generally not true for the devices used for the mandated test.

So, WHICH test blew your .15? The mandated test? Or the field PAS test?

- Carl