Dui legality question

jaguilar · #1 01-21-2008, 09:14 PM

had a friend whos car broke down in california. pushed on star button then chp arrived. First thing that patrol did is to make her take sobriety tests and breathalizer test even though he didn't pull her over or see her driving. Friend did well on test but blew .14 and legal limit is .08 . Did mirandize her and cuffed her and took her in to jail.

Those of who know about law or seen some similar case, does my friend have a case she can fight since she was never pulled over and patrol has no proof she was driving and didn't read her rights when arresting her???? thanks

domafia · #2 01-21-2008, 09:16 PM

wow, i think she might have a good case. if i'm her i definitely talk it over with a lawyer to see how good a chance she has of getting cleared.

jaguilar · #3 01-21-2008, 09:18 PM

thanks dom, yeah she is meeting with some lawyers tommorrow

Bearsden · #4 01-21-2008, 09:55 PM

jag. i am not sure if their is an a.r.d. program in CA but talk to the lawyer about it. that is of course if their is no other precedent. a dui comes off their criminal record if one complies with the ard program, but it does stay on the driving record, but it is sealed. it is a pain in the ass but well worth it. also it does have a couple extra costs, but when going for a job etc it's nice to have a clean record. their will probably still be a loss of license dependent on the level over the limit, but can avoid possible jail time, public embarrassment etc

did she tell on star she was driving? how did she get there? good luck...

Trossi3389 · #5 01-21-2008, 10:05 PM

Well if she was behind the wheel when the cop came she might be f#cked due to the dash cam.. but there might be something in fine print the cop took the wrongs steps.. hopefully..

cman · #6 01-21-2008, 10:17 PM

ok...several arguments here.....but they are only arguments that will be raised if she has a attorney.....

- obviously did she make an oral admission she was driving...

-did she make an oral admission she was drinking

- has the breathalyzer been calibrated

-did the department follow the state rules in regards to probable cause vs reasonable doubt..slurred speech or walking funny

-did the department follow rules in regards to verification of first test...for example 2nd positive breathalyzer test

Did she refuse and did they threaten and coerce her

since no one saw her driving..did they ask for a field sobriety test first....if she refused then their is that defense

Based on the facts you have laid out..she is going to be convicted under most state DUI laws She did agree to all the tests...so her defenses of around the 4th amendment rights are waived

the single best defense against DUI is and remains to be.....money...pay an attorney to keep putting off the trial and eventually as the defendant becomes clear that they are not a threat to society the caseload builds up and the prosecutors are more likely to dismiss...she is going to serve the suspension with her drivers license anyway...

My guess is that since you said she passed the field sobriety test ...she really failed it...why the two test

Free legal advice here NEVER agree to a field sobriety test...at least you give your attorney the ability to argue that they had no basis to ask for a breath or blood test...
GL

wde

Chicago RED · #7 01-21-2008, 11:04 PM

If the keys were in the ignition even if the car was off, your friend has nothing to fight since she did blow. If the keys were in her purse or on the floor she has a good case.

DUI Tips:
Never Blow & always give a reason why you did not blow, a medical one will work the best. Also never do any tests in front of the cop car with the cam on it. Same go's for inside of the police station, cuz if you trip you prove there case. Always give reasons why you refuse to take the test, agian medical ones work the best. The reason why many people blow is because they tell you a empty threat, if you dont you will lose your license for 6 months. This is not 100% true, your attorny can get it back for you almost instant if you beat the case. Also when you are in the police station do not put your head down or close your eyes, you are being taped, just sit up str8 and act 100% natural. Even check your watch a few times like they are wasting your time for having you in there.

Also when you give your report when the cop is asking you questions. Make sure to always say: you were real tired from working long hours the last couple days, always say you had asprin and mouth wash, add 3 big meals in as well. Also make sure to note in the report that your car has been pulling to one side due to a tire balance issue. Go the next day and get your tires balanced even if they are fine, and make sure to get the bill saying you had this done.

DUI's Suck, you can beat them if you play it right, follow the tips above and it should be enough for any decent 5K attorny to get u to walk from the charge. Keep in mind it still cost a good some of coin to get u to walk. The tips should work well for a first time DUI, after that be careful.

Chicago RED · #8 01-21-2008, 11:08 PM

Also just a quick add on, the cop did not have to read her the rights as she was being arrested, but if they did do it at some point like in the station that still counts.

Big Pimpin · #9 01-21-2008, 11:11 PM

Quote:

Originally Posted by Chicago RED

If the keys were in the ignition even if the car was off, your friend has nothing to fight since she did blow. If the keys were in her purse or on the floor she has a good case.

DUI Tips:
Never Blow & always give a reason why you did not blow, a medical one will work the best. Also never do any tests in front of the cop car with the cam on it. Same go's for inside of the police station, cuz if you trip you prove there case. Always give reasons why you refuse to take the test, agian medical ones work the best. The reason why many people blow is because they tell you a empty threat, if you dont you will lose your license for 6 months. This is not 100% true, your attorny can get it back for you almost instant if you beat the case. Also when you are in the police station do not put your head down or close your eyes, you are being taped, just sit up str8 and act 100% natural. Even check your watch a few times like they are wasting your time for having you in there.

Also when you give your report when the cop is asking you questions. Make sure to always say: you were real tired from working long hours the last couple days, always say you had asprin and mouth wash, add 3 big meals in as well. Also make sure to note in the report that your car has been pulling to one side due to a tire balance issue. Go the next day and get your tires balanced even if they are fine, and make sure to get the bill saying you had this done.

DUI's Suck, you can beat them if you play it right, follow the tips above and it should be enough for any decent 5K attorny to get u to walk from the charge. Keep in mind it still cost a good some of coin to get u to walk. The tips should work well for a first time DUI, after that be careful.

lol..mmmmm kay

Big Pimpin · #10 01-21-2008, 11:12 PM

don't blow here and I gladly take your license for 6 months to a year...

sure you may get a temp to go to and from work only but that's about it

Snowman · #11 01-21-2008, 11:17 PM

tell your friend to quit drinking and driving before she kills someone

T100 · #12 01-22-2008, 12:14 AM

http://www.canadaka.net/link.php?id=29005

who knows what you can get away with.

I can personally attest to the fact that this guy is too cheap as he has NEVER bought me one and he hangs at my local.

Dr. Jack · #13 01-22-2008, 08:27 AM

Quote:

Originally Posted by Snowman

tell your friend to quit drinking and driving before she kills someone

PHILLYBIRDS20 · #14 01-22-2008, 09:06 AM

I was told always blow into the machine as it is not an empty threat, u automatically lose ur license 1year plus whatever the state decides to take it for. D.UI is a pain these days as they look at how high ur BAC is to determine the severity of the punishment. There is no such thing as a Bread and Buter license here in Penna. as they used to give u a license to go to work but MADD got rid of that. Ur friend may have a problem and she definitely should get a lawyer. If it is her first she will get ARD and some fines and that is really about it. If it is her first I wouldnt get a lawyer get ARD and dont do it again

Chicago RED · #15 01-22-2008, 06:27 PM

Quote:

Originally Posted by Big Pimpin

don't blow here and I gladly take your license for 6 months to a year...

sure you may get a temp to go to and from work only but that's about it

Well BP where I live any attorney with commen sense would file a PETITION TO RESCIND STATUTORY SUMMARY SUSPENSION. In another words if you beat the case and are found not guilty you get your license back. I really do not have the time right now to look up loop holes in your state laws, but I am sure there are some.

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