need help 1st dui

[GrimJedi]

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

yesterday night police found me parked on the shoulder of the road in the drivers seat of my car. i was intoxicated. they didn't pull me over or see me driving. they just found me there. they got me out of the car, they took my blood and then i spent the night in jail. now my license is going to be suspended for a year. can i fight this, they didn't pull me over they just found me there?

 

[quincy]

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

yesterday night police found me parked on the shoulder of the road in the drivers seat of my car. i was intoxicated. they didn't pull me over or see me driving. they just found me there. they got me out of the car, they took my blood and then i spent the night in jail. now my license is going to be suspended for a year. can i fight this, they didn't pull me over they just found me there?

You can always fight any charge ... but, if you were in the drivers seat of your car parked at the side of a public roadway and you were intoxicated, I am not seeing you have much in the way of defense.

What was your BAC?

What was the charge?

Is this your first offense?

You can speak to a lawyer in your area. Perhaps s/he can see a way for you to avoid a conviction and license suspension.

 

[CdwJava]

Was your car running? Were you involved in an accident? Were the keys in the ignition?

It is also possible that someone else saw you driving.

There are exceptions under CA law to the requirement that they observe you actually driving.

Consult legal counsel.

Assuming they have a valid arrest, you can expect expensive fines, a suspension, and informal probation for a couple or three years - and 48 hours in jail.

 

[drruthless]

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

yesterday night police found me parked on the shoulder of the road in the drivers seat of my car. i was intoxicated. they didn't pull me over or see me driving. they just found me there. they got me out of the car, they took my blood and then i spent the night in jail. now my license is going to be suspended for a year. can i fight this, they didn't pull me over they just found me there?

Maybe.
Was the key in the ignition when they found you?
A friend of mine was "just found there"..there being curled up in the back seat of his car along the side of the road sleeping it off...with the key in the ignition and the motor running to keep warm. What nailed him was having the keys in the ignition, other wise he would have gotten off with a drunk in public...but...that was in Texas...
You probably don't remember but where were the car keys? In your pocket or in the ignition?
That's something to ask your attorney.
Well, good luck.
.._____________________
~ Just about the time you get your s**t together,
..it hits the fan