CA DUI san diego, close one .07

[CdwJava]

latest news..the .089 PAS isnt admissible in court because I only took it one time? The officer asked me to blow again to compare results and I declined. Then I was in cuffs. Any thoughts?

The field PAS test generally is not admissable for BAC content, anyway.

Were you issued a DS-367 Admin Per Se document at the scene effectively suspending your license?

- Carl

 

[xylene]

Too funny.

(and, don't handle guns, or electric saws, or other weapons).

Your agency must have some great gear.

BUZZZZZZZZZZZZZZZZZZZZZZZZZZ!

 

[desertdragon609]

This is what i found on vehicle code 5201...

http://www.dmv.ca.gov/pubs/vctop/d03/vc5201.htm

the PAS was a intoximeters alco-sensor IV. Does it even matter if nowhere under 5201 does it state you can be pulled over for a trailer hitch obstructing the tag? All im seeing is that it is unlawful to block your plate from a intersection camera. All in all, arraignment is set for april 21..how long normally does it take for the case to be filed with the city?

 

[desertdragon609]

i was issued the ds 367, but the suspension is stayed pending the outcome of the dmv hearing april 16. I have a pretty good lawyer on my side.

 

[desertdragon609]

i was issued the ds 367, but the suspension is stayed pending the outcome of the dmv hearing april 16. I have a pretty good lawyer on my side.

box is checked that i surredered the license to the officer...not suspended..yet.

 

[CdwJava]

This is what i found on vehicle code 5201...

http://www.dmv.ca.gov/pubs/vctop/d03/vc5201.htm

the PAS was a intoximeters alco-sensor IV. Does it even matter if nowhere under 5201 does it state you can be pulled over for a trailer hitch obstructing the tag? All im seeing is that it is unlawful to block your plate from a intersection camera. All in all, arraignment is set for april 21..how long normally does it take for the case to be filed with the city?

Note the highlighted portion:

5201. License plates shall at all times be securely fastened to the
vehicle for which they are issued so as to prevent the plates from
swinging, shall be mounted in a position so as to be clearly visible,
and shall be maintained in a condition so as to be clearly legible.​

Okay, then the reading from the Alco-Sensor will not likely be used to provide a specific reading to determine your BAC at the time of the stop. The DA MIGHT try to argue it, but I would doubt it.

And I'm not sure what you are asking about how long it takes to be filed with the city - the DA should be prosecuting this, not the city attorney. Your arraignment is April 21st, they should have all the reports by then.

i was issued the ds 367, but the suspension is stayed pending the outcome of the dmv hearing april 16. I have a pretty good lawyer on my side.

Standard fare. And with a blood result of .07, they should stay the suspension pending any guilty verdict at trial.

box is checked that i surredered the license to the officer...not suspended..yet.

After the hearing, and assuming they do not suspend your license, yet, you will need to go to the DMV and apply for your license to be re-issued.

- Carl

 

[desertdragon609]

thanks again carl. so with no bad driving, can the DA prove impairment beyond reasonable doubt with only objective signs and poor results of fst's?

 

[FlyingRon]

Your agency must have some great gear.

BUZZZZZZZZZZZZZZZZZZZZZZZZZZ!

Freeze or I'll saw!

 

[CdwJava]

thanks again carl. so with no bad driving, can the DA prove impairment beyond reasonable doubt with only objective signs and poor results of fst's?

Yes, he can. I had several successful prosecutions as a result of FSTs and observations.

- Carl

 

[paguy88]

Yes, he can. I had several successful prosecutions as a result of FSTs and observations.

- Carl

ever lose any on the FST and observations?

 

[CdwJava]

ever lose any on the FST and observations?

Not me. I'm batting 1,000 with DUI prosecutions.

Of course, I'm also an instructor for the SFSTs and for Drug Recognition (field evaluations).

- Carl

 

[paguy88]

Not me. I'm batting 1,000 with DUI prosecutions.

Of course, I'm also an instructor for the SFSTs and for Drug Recognition (field evaluations).

- Carl

I will take you at your word I was courious Carl have a safe holiday weekend.

 

[garrula lingua]

literally getting a buzz on.

I should have said not to handle cars, heavy machinery, or other potential weapons

 

[CdwJava]

I will take you at your word I was courious Carl have a safe holiday weekend.

I had to drive 180 miles, but I hope it stays safe, thanks.

Now, my conviction rate is not to say that some of my cases were not plead out or dropped for one reason or another, but I have never had any rejected by the DA or sent back for clarification or follow-up, and I have no control over the labs.

I HAVE, however, gotten two false positives on drug evaluations over my 18 years - and both were in recent years - in 2005, I believe. Both involved a psych. drug called Resperitol ... the effects mimiced a CNS stimulant, and I made conditional opinions on each subject's state of sobriety based upon my observations. So, I am not perfect ... though, don't tell my children that!

- Carl

 

[desertdragon609]

does this case sound like it has a chance to plead down to dry and wreckless? I hear wet/wreckless is just as bad as a DUI for a first offense..no bueno.