First offense DUI becase of unsafe left turn VC21801A

[shoman24v]

First offense DUI because of unsafe left turn VC21801A

What is the name of your state (only U.S. law)? California

I've thought I'd never be in this situation but I guess I am now. I was pulled over for making an unsafe left turn (VC21801A). I'm not really sure exactly where the cop was because I got pulled over in a parking lot. I knew cars were coming, so after I made the turn I accelerated to allow me a distance that was safe between the cars coming and I. When I was pulled over the officer took my license and registration, when he came back he asked if I had anything to drink. I said yes, I wasn't going to lie about it.... I was really cool with the officer and I did everything that was said. I don't know if it matters really but I sat in the car with my hands in the front instead of around the back. I figured just being cool and going with everything may help me in the long run.

Anyway, I'm going to fight it. But I believe that If I can beat the 'unsafe' left turn maybe that will eliminate the fact that I was under the influence assuming that I was pulled over for the turn and not being under the influence.

Any suggestions? I feel like I've ruined my life even though everyone says it will be ok.

Thanks

 

[CdwJava]

You will need to hire an attorney to defend yourself. This will not be a self-help issue.

The only way you can beat the reasonable suspicion for the detention (the stop) would be to show that the officer had no lawful reason to believe you were in violation of the code section he cited in his report or testimony as the cause for the stop. This means, you will have to show that your actions plainly did not meet the element of the infraction, or, that the officer was making it all up. BOTH avenues are very difficult to make, but are often the best and primary way to defend against a DUI.

Consult local counsel ASAP.

- Carl

 

[shoman24v]

I think I may have to get one, for my protection. I set up the appointment for the hearing at the DMV. I really don't want my license suspended for 4 months, I have to at least get to work. Is it important that I have a lawyer for that or would it be better if I go in an argue myself why I thought it was safe for me to make that turn?

I don't know if this matters, but I take blood thinners for high blood pressure, can that effect my BAC?

 

[CdwJava]

I think I may have to get one, for my protection. I set up the appointment for the hearing at the DMV. I really don't want my license suspended for 4 months, I have to at least get to work. Is it important that I have a lawyer for that or would it be better if I go in an argue myself why I thought it was safe for me to make that turn?

I don't know if this matters, but I take blood thinners for high blood pressure, can that effect my BAC?

You do not NEED an attorney for the DMV hearing. An attorney's best use for that hearing tends to be learning about the officer that made the arrest and how articulate and competent he might be. Also, the attorney might gain statements that he can use to impeach the officer at trial.

In general, the DMV hearing officer is just concerned with a very narrow range of issues ...

* Did the peace officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code Section 23140 , 23152 , or 23153 ?
* Were you placed under lawful arrest?
* Were you driving a motor vehicle when you had 0.08% or more by weight of alcohol in your blood?

It is not a court of law and the same rules of evidence and procedure do not apply. Unless the paperwork is incomplete or insufficient, the hearing officer will generally rule against you.

The blood thinners should have no effect on the BAC.

What WAS your BAC?

- Carl

 

[shoman24v]

I heard .15, but I'm about 220lbs and 6'3 if that makes a difference.

When I did the field tests I was told to do my ABC's... I did those fine. Then I was told to lean my head back and touch my nose, which I did fine too but my friend told me that he heard the cop say I kept using the wrong side (which I didn't hear so it must have been after). I know for a fact that I did not consistently make that mistake, unless the officer was getting confused by being on the opposite side of me. I also did the heal toe, which on the first try I had to do it over because (going to assume) that it was my dress shoes I had on. When I did it the second time I didn't have any problems.

 

[HighwayMan]

You can't be certain that anything you "remember" was correct. You were intoxicated so you may have thought everything was okay, but in reality you might have been a complete disaster.

I don't think the officer was confused - I think YOU were.

 

[CdwJava]

I heard .15, but I'm about 220lbs and 6'3 if that makes a difference.

That would just mean it would take more alcohol to raise you to .15 than it would take to get someone my size to that level.

When I did the field tests I was told to do my ABC's... I did those fine. Then I was told to lean my head back and touch my nose, which I did fine too but my friend told me that he heard the cop say I kept using the wrong side (which I didn't hear so it must have been after). I know for a fact that I did not consistently make that mistake, unless the officer was getting confused by being on the opposite side of me. I also did the heal toe, which on the first try I had to do it over because (going to assume) that it was my dress shoes I had on. When I did it the second time I didn't have any problems.

You may THINK you did "fine", but you are not trained in what the officer was looking at. These are divided attention tests with two or more actions to perform at each level - including the instructions.

In any event, at .15 you are presumed as legally impaired anyway. In the finger-to-nose test, they throw you into a rhythm and then alter that rhythm - that is usually where the driver messes up.

The worst person to evaluate their performance on an FST is the suspect taking the FST.

- Carl

 

[shoman24v]

Ok, now I have the info straight. I received the sworn statement and the actual police report. First off my friend told me bad information, I knew my assumptions about the situation were right. According to the report I passed both the ABC test, and finger to nose tests, which was what I thought originally. I apparently 'failed' the heal toe tests because I messed up once. I remember telling the officer that I would like to redo the test and at that time I got it right. On the report it shows the L and R for both going down a straight line except for that one step. (wasn't actually instructed to use a fixed straight line either) So that's that...

Now for the reason for me being pulled over. The officer wrote in both the sworn statement and actual report that I 'made and unsafe u-turn right in front of us' in violation of V.C. 21801'. That leaves it open to anything really. The report doesn't say that neither the officer or traffic was impeded by my action. No mention of having to brake or avoid. I know that made a safe turn and the fact that the officer doesn't note any of his actions during the incident kinda puts it in a his word vs. my word.

You may THINK you did "fine", but you are not trained in what the officer was looking at. These are divided attention tests with two or more actions to perform at each level - including the instructions.

The worst person to evaluate their performance on an FST is the suspect taking the FST.

- Carl

Well, maybe in this case I should go with what I believe because I remembered everything that happened... Sometimes I should go with my gut feeling on stuff and not be confused with what others say to me.

Now for something else. As I said before I thought I heard .15, but they never actually told me what my BAC was. Once I received the sworn statement it felt like someone punched me in my gut because it read .18, .19. I do suffer from GERD, or acid reflux which is usually prominent when I drink. So I'm set to see a specialist for this to see how much that could have affected my BAC.

 

[CdwJava]

I can't imagine that any acid reflux is going to result in a spike to double the per se limit. But, I have seen DUI defense attorneys try to argue that very thing. None of them succeeded, but if you have the money any option you feel is worth the investment is up to you.

Remember, acid reflux can effect MOUTH alcohol (from the air in your mouth). The machines produced in the last decade measure deep lung air and NOT mouth alcohol. In fact, most the machines automatically spit out the results and abort the test if significant mouth alcohol is detected. As part of the test, the officer should have signed a document asserting that he observed you for 15 minutes and in that time you did not burp or regurgitate, thus rendering the acid reflux argument unlikely.


- Carl

 

[shoman24v]

As part of the test, the officer should have signed a document asserting that he observed you for 15 minutes and in that time you did not burp or regurgitate, thus rendering the acid reflux argument unlikely.

Well the time they observed me driving was 12:00am, My first BAC test was 12:18 and the second was at 12:21. I do not have the actual report, saw it yesterday, awaiting it in the mail but I don't know if I remember seeing that. The fact that the whole thing took 21 minutes makes me believe that there is no document there. I'll have to find out in a couple days.

 

[CdwJava]

Well the time they observed me driving was 12:00am, My first BAC test was 12:18 and the second was at 12:21. I do not have the actual report, saw it yesterday, awaiting it in the mail but I don't know if I remember seeing that. The fact that the whole thing took 21 minutes makes me believe that there is no document there. I'll have to find out in a couple days.

They did not take you to the station for another test? All you did were the field blows?

If so, then your attorney might have an argument for a procedural issue but it is not necessarily going to invalidate the test.

Have you engaged legal counsel yet?

- Carl

 

[shoman24v]

They did not take you to the station for another test? All you did were the field blows?

If so, then your attorney might have an argument for a procedural issue but it is not necessarily going to invalidate the test.

Have you engaged legal counsel yet?

- Carl

I was taken to the station but was not tested again. And yes, all I did were the field blows. I have a lawyer, he subpoenaed the documents so that we could see the actual report. I was mailed the sworn statement from the DMV earlier on. My hearing was the 13th of this month, just yesterday. We didn't have the actual report till yesterday (faxed from his office to DMV) at that hearing so we are now in recess until December....

I will see what my lawyer tells me when we go over the report.