Xtremely Gr8ful
Junior Member
What is the name of your state (only U.S. law)? California
I went in for my court date and it was my first court appearance for charges of a violation of 23152 (a) and 23152 (b). The judge told me of the charges against me and then asked the Prosecutor if there were "any aggravated" circumstances. The prosecutor told the judge that I had been pulled over after the officers had witnessed me driving on the "wrong side of the road" and that my blood alcohol level was .13. My jaw dropped. What??!! I wasn't even driving. The officers had knocked on my window as I was already pulled over on the side of the road, sleeping. There was no way my blood alcohol level could be that high. I didn't drink that much and the last drink that I had was about 1:15 am and my blood was tested at around 5 am.
The judge said that they wanted to offer me a wet and reckless and asked me if I was guilty or not guilty.
I plead not guilty. I wasn't even driving. There's no way I could have been driving on the wrong side of the road. That was completely wrong.
After the court I was so angry and upset. I had my dad drive over to the road where it all occurred. I was set on proving the officers as liars since there was no way they could even claim that I was driving on the wrong side of the road. That section of the freeway has a concrete middle divider that extends for miles. When I was instructed to step outside of the car by the officers I was parked on the right side of the road, on the right shoulder. I later called my public defender and she said the prosecutor "was an idiot", that no where in my file did it say I was driving on the wrong side of the road and that he must have confused my file with someone else's.
I was so embarrassed and mortified when the Prosecutor had said I was driving on the wrong side of the road. What must the judge think of me? What must the other people in the court room think of me? What must my dad think (he was in the courtroom for support) of me if he thought this was true?
Isn't that a violation of my rights or due process? To incorrectly inform the judge of false "aggravated" circumstances. This was my first accusation of a DUI. If the judge hadn't been given the wrong circumstances by the prosecutor, perhaps the judge would have given me a different offer.
Isn't this a case of defamation of character or slander by the Prosecutor?
This seems so wrong! and if he got my case mixed up with someone else's couldn't have their office also have gotten my blood results mixed up with someone else's or read the results off of someone else's case?
Does anyone have any advice or help or recommendation? PLeASE HeLP! Please!
I went in for my court date and it was my first court appearance for charges of a violation of 23152 (a) and 23152 (b). The judge told me of the charges against me and then asked the Prosecutor if there were "any aggravated" circumstances. The prosecutor told the judge that I had been pulled over after the officers had witnessed me driving on the "wrong side of the road" and that my blood alcohol level was .13. My jaw dropped. What??!! I wasn't even driving. The officers had knocked on my window as I was already pulled over on the side of the road, sleeping. There was no way my blood alcohol level could be that high. I didn't drink that much and the last drink that I had was about 1:15 am and my blood was tested at around 5 am.
The judge said that they wanted to offer me a wet and reckless and asked me if I was guilty or not guilty.
I plead not guilty. I wasn't even driving. There's no way I could have been driving on the wrong side of the road. That was completely wrong.
After the court I was so angry and upset. I had my dad drive over to the road where it all occurred. I was set on proving the officers as liars since there was no way they could even claim that I was driving on the wrong side of the road. That section of the freeway has a concrete middle divider that extends for miles. When I was instructed to step outside of the car by the officers I was parked on the right side of the road, on the right shoulder. I later called my public defender and she said the prosecutor "was an idiot", that no where in my file did it say I was driving on the wrong side of the road and that he must have confused my file with someone else's.
I was so embarrassed and mortified when the Prosecutor had said I was driving on the wrong side of the road. What must the judge think of me? What must the other people in the court room think of me? What must my dad think (he was in the courtroom for support) of me if he thought this was true?
Isn't that a violation of my rights or due process? To incorrectly inform the judge of false "aggravated" circumstances. This was my first accusation of a DUI. If the judge hadn't been given the wrong circumstances by the prosecutor, perhaps the judge would have given me a different offer.
Isn't this a case of defamation of character or slander by the Prosecutor?
This seems so wrong! and if he got my case mixed up with someone else's couldn't have their office also have gotten my blood results mixed up with someone else's or read the results off of someone else's case?
Does anyone have any advice or help or recommendation? PLeASE HeLP! Please!
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