Should I get a private lawyer for this case?

[Jojeff]

Ok, so I am a college student and am basically broke. Gonna be behind on rent this next month. I have parents who can afford to pay for an attorney if I care to let them know about my situation, I would like advice about whther or not a public defender would be capable and have the correct incentive to win my case. I will give you a summary of my situation.

Cops pulled me over for swerving a little bit. I was going about 84mph on the freeway.

1. First time offender.
2. I did not do that well on the field sobriety tests. (I know now I didnt need to take them.)
3. I denied the prelim breath test. (Thank god.)
4. When getting to the station I blew a 0.07% BAC.

They still gave me the ticket for a DUI. Other cops there told me to fight it and I'll win. But I don't know if that means I have to give an arm and a leg and cause a bunch of stress to my parents over this stupid thing. Do you think I need to hire a private attorney for this? Also, not sure if I qualify for a public defender. I work part time making anywhere between 250 to 1000 a month, however I have to use this along with student loans to pay for my rent, school and other costs of living.

Thanks in advance for any advice you could give!

Edit:
I should mention this is in LA county.
I also want to note that I had lasik surgery that has recently made my night vision to suck and I've been having trouble seeing and usually avoid driving at night.
I also have severe social/performance anxiety that my friends can attest to. It is definately a contributing factor to me doing poorly on those tests.
I mentioned neither of these to the police because I never saw an opportune time to bring it up.

 

[asiny]

Do you think I need to hire a private attorney for this?

A DUI attorney would probably do you good because based upon;

Edit:
I should mention this is in LA county.
I also want to note that I had lasik surgery that has recently made my night vision to suck and I've been having trouble seeing and usually avoid driving at night.
I also have severe social/performance anxiety that my friends can attest to. It is definately a contributing factor to me doing poorly on those tests.
I mentioned neither of these to the police because I never saw an opportune time to bring it up.

These are really pathetic excuses.
I would say that you should have your licence revoked if you have vision trouble. If you have anxiety then you really don't need to be behind the wheel of a 4000lb weapon. Add in alcohol and you are risking innocent people's lives... including your own.

 

[Victorxyz3]

A DUI attorney would probably do you good because based upon;

These are really pathetic excuses.
I would say that you should have your licence revoked if you have vision trouble. If you have anxiety then you really don't need to be behind the wheel of a 4000lb weapon. Add in alcohol and you are risking innocent people's lives... including your own.

Yes, I would not mention you are blind. lol

The BAC is low though, something to argue. Your standing there next to a guy with a gun ... no wonder you did not do well on your test. Field sobriety test v BAC? I think BAC will tip it toward your favor.

A good lawyer will get you found not guilty. They may argue you are on dope or something...I assume you are not.

They put the BAC test as the standard.

 

[Jojeff]

I assumed they were poor excuses, I was just thinking that they could get the charges changed to something other than DUI.

Also, the anxiety is unrelated to my driving, just my interaction with the officer. My anxiety with people is pretty bad, I cannot pee in public, I am young and have to take viagra to get an erection. A few years ago I was still too socially anxious to even order my own food at a McDonalds. It was not his gun that was scary lol, he wouldnt have any reason to use it. My social fear is irrational.

I know they are poor excuses, I am just searching for something to say. I suppose the burden of proof is on them.

I don't know how long he was following me, but I don't recall swerving except for a minute or two before I noticed he was there. I swerved because the girl in the seat next to me was showing me how to use cruise control (I don't have it on my car.) and I was making a turn and was not used to the feel of the car not decelerating on a turn so I squeezed the breaks and may have swerved a little bit.

Anyway, I know I wasn't a danger to anyone. None of the people in the car thought I was going to get arrested except my girlfriend who knows I interact poorly with strangers 1 on 1.

 

[HighwayMan]

Your standing there next to a guy with a gun ... no wonder you did not do well on your test

What an idiotic statement if ever I saw one.

Field sobriety test v BAC? I think BAC will tip it toward your favor.

That's nonsense also. What's your experience with these matters??

A good lawyer will get you found not guilty.

That is a dangerous assumption.

They may argue you are on dope or something..

Where do you get THAT from?

They put the BAC test as the standard.

Standard for what? The breath test is only a part of the evidence.

 

[cyjeff]

You were doing 84 on the highway. Let's just assume that your swerving and SPEEDING attracted the attention of the police.

Those excuses are really terrible. I mean, REALLY terrible. You have bad vision and get really nervous when you are pulled over by the police after drinking.

Yup, not very good excuses.

Let me ask you this.... would your parents rather pay for the attorney and do what they can or simply be surprised when the insurance they carry on you quadruples?

As the father of a college student, I would rather have the opportunity to influence the outcome.... especially if my college student was prone to excuses like you have given.

 

[Victorxyz3]

As the father of a college student,

You would probably be as angered by your kid as with the cops in this case of an arrest for DUI ... given the BAC result?

 

[davew128]

I cannot pee in public

Good for you. I use toilets, urinals, and stalls myself.

I am young and have to take viagra to get an erection.

Or maybe you haven't found the right person yet.

A few years ago I was still too socially anxious to even order my own food at a McDonalds.

I would consider that a self preservation instinct kicking in.

None of the people in the car thought I was going to get arrested except my girlfriend who knows I interact poorly with strangers 1 on 1.

Yet they all presumably knew you had a few to drink already. Nice people.

 

[Zigner]

You would probably be as angered by your kid as with the cops in this case of an arrest for DUI ... given the BAC result?

Nope - a parent would be THANKING the police for getting their kid off the road before he killed himself or somebody else.

 

[Jojeff]

My dad makes a decent amount of money, but my parents have paid over 30,000 in legal fees within the last year alone on my adopted brother and biological sister. Neither case ended well for either of them.

I have informed my parents and no, my parents are not thanking the police. They have said they are not willing to pay for a lawyer.

I personally didn't have anything against what the cops were doing, because I got the sense that they were being objective. However, it seemed like nonsense when they gave me the ticket after having a 0.07% BAC and then advised me to fight it because I would win. It just felt like robbery. Maybe their intentions were to stress me out just to keep me from actually driving impaired in the future, I don't know. But when I spoke to them they all seemed to assume I would be able to afford a private lawyer.

Either way, I'm set to graduate with a degree in mechanical engineering next year and I can't afford a DUI on my record. Guess I need a lawyer. Maybe I'll just have to take out a loan or something if that's even possible.

Just out of curiosity, if I had opted to blow into the prelim breath test and blew a 0.08, would they have arrested me knowing that by the time they got back to the station I would blow a 0.07?

Dave, would normally find your smart ass comments funny if I wasn't so stressed out about this nonsense.

 

[HighwayMan]

However, it seemed like nonsense when they gave me the ticket after having a 0.07% BAC and then advised me to fight it because I would win. It just felt like robbery.

You can blow a .07 and still be intoxicated. The .08 number is a per se limit - i.e. if you blow .08 or higher the law automatically presumes you are intoxicated. You can still be very intoxicated at below a .08.

Maybe the police officers told you what they did just to make you feel better or placate you so you'd be co-operative. We tend to tell things to arrested persons to keep them from getting agitated.

When you often have to roll around on the ground with drunks your tendency is to do what you can to keep it from getting to that - including telling them nice stories. Sorry if you don't like that, but it's a fact of life.

I'm set to graduate with a degree in mechanical engineering next year and I can't afford a DUI on my record.

Not to be a smart ass, but then you shouldn't be drinking and driving - to ANY extent.

Just out of curiosity, if I had opted to blow into the prelim breath test and blew a 0.08, would they have arrested me knowing that by the time they got back to the station I would blow a 0.07?

Sure, why not? Besides they wouldn't necessarily know that - in many cases BAC rises between the tests.

The PBT is not admissible in court, it is merely a guide. I don't like to use them and don't - I use the standardized field sobriety tests to determine my probable cause for arrest. But if an officer felt you were borderline and you blew a .08 I would think you would most certainly be arrested.

 

[HighwayMan]

By the way, many of the regulars around here (especially PCho a CA DUI attorney) seem to be off for the holiday. I would expect to hear from someone this week.

Apparently in your type of situation alot depends on the county. Testing at a .07 may pretty much get you a pass on the DUI - or you may be prosecuted just the same as if you were a .08.

Give it a few more days to see if anyone else more expert in California DUIs responds.

 

[Jojeff]

Ok, so this is getting extremely irritating.

I have spoken with several lawyers all saying it is odd that they never gave me back my license. I never got a temporary one either. I asked the jail immidately after release and they said they shouldnt have taken it. He said maybe they sent it to the DMV. I called the DMV and they haven't recieved anything about it. I called the jail a few days later.. the highway patrol. No one has any clue where my ID is.

I don't know what my next step is. My GF bought me a ticket (for christmas) to a concert on new years that will require my picture ID.

 

[BL]

You would probably be as angered by your kid as with the cops in this case of an arrest for DUI ... given the BAC result?

Just to note ,your all over this board with nonsense ,let alone citing any laws to back your advice.

Perhaps you should run along on to a non legal site.

 

[HighwayMan]

I don't know what my next step is. My GF bought me a ticket (for christmas) to a concert on new years that will require my picture ID.

So say it's lost and just order a replacement.

What kind of a concert requires photo ID?