Contesting a DUI

[OFFBEAT]

Has anyone here been charged with a DUI, contested it, and won?

[freeadultcontent]

Depends on your level, did you take breath at car, at station, or refuse?

Details.

[MattO]

make sure you show up in court piss drunk

[smack]

you would have to have a real good reason. if they give you a field sobriety test i don't see how you could refute that, with breathalyzer.

[BradShaw]

I know a few people here who have a couple DWI's on their record. Maybe they can help you.

[OFFBEAT]

In California, .08 and above is considered impaired. I had a BAC of .12.

I took a field (breath) sobriety test first which they say gave them a reason to take me downtown. They did not read me my Miranda rights until way much later in the night. I think that was way odd. I then took another breath test which concluded I had a BAC of .12.

Also, they basically TOLD me I had to take a breath test. In California you should have the option between blood and breath.

I'm going to consult a lawyer. But I'm just curious if anyone knows anyone who has fought and won.

[candyflip]

Originally posted by BradShaw
I know a few people here who have a couple DWI's on their record. Maybe they can help you.

[baddog]

I helped a girlfriend. She pled to a wet reckless. Is a lower fine and penalty, and if if keeps it out of a trial they should go for it if first offense.

[KMR Stitch]

You won't win.

I know a guy sueing the city of Orlando,fla

He was drunk the cops outside of the bar said if you get into the car we will arrest you for DUI,

The man said hey look I am just going to laydown I am not going to drive.

The cops said if you get into that car we will drag you out and arrest you.

Well the guy tested them went into his car layed back the seat and the cops draged his ass out and hauled him to jail.

He is now sueing for 1mill. Last I checked they city was trying to settle out of court he said FUCK THAT I am making a point not just a settlement.

I think they threw his case out and he still had to pay fines and lawyer fees..

[twistyneck]

Just don't show up for court. They can't convict you if you aren't there. Fuck 'em!

[theking]

Originally posted by OFFBEAT
In California, .08 and above is considered impaired. I had a BAC of .12.

I took a field (breath) sobriety test first which they say gave them a reason to take me downtown. They did not read me my Miranda rights until way much later in the night. I think that was way odd. I then took another breath test which concluded I had a BAC of .12.

Also, they basically TOLD me I had to take a breath test. In California you should have the option between blood and breath.

I'm going to consult a lawyer. But I'm just curious if anyone knows anyone who has fought and won.

You definitely will not win.

[freeadultcontent]

Originally posted by OFFBEAT
In California, .08 and above is considered impaired. I had a BAC of .12.

I took a field (breath) sobriety test first which they say gave them a reason to take me downtown. They did not read me my Miranda rights until way much later in the night. I think that was way odd. I then took another breath test which concluded I had a BAC of .12.

Also, they basically TOLD me I had to take a breath test. In California you should have the option between blood and breath.

I'm going to consult a lawyer. But I'm just curious if anyone knows anyone who has fought and won.

Forget the miranda rights. They will not even contest it. They have no use for anything you said or they said. The miranda does not cover what the machine recorded. Miranda will only prevent them from using anything you said before being read them. (sucks but is how it goes down)

.12 is basicly fucked, and another at .12 at the station just fucks you even more, by showing you were still riding high and it was not just alcohol on your breath from recent breathing.

Impaired is cops judgement basicly so again screwed.

Two different tests on two different machines, means you will have a near zero chance of challenging the machines accuracy.

An attorney will run ya at least 3k minimum just to take your case and plea you down to the mandatory minimum which you will get. Unless this of course is not your first one.

Your gunna be paying another 3k or so in fines, gunna loose your license for awhile (depending on if you want a to and from work permit, or not) You will get some jail time which is ussually converted into community service at some annex. Your looking at around a week of 8 hours days minimum.

You also are going to need to maintain insurance on your vehicle for many years and show proof to DMV at all times or your license is suspended again.

They may also make you put a breath thingy on your car and you must pay for this. Up to the judge on this one.

With your case only thing a lawyer is gunna do is cost you 3k to assure you get the minimum. A PD may not get that for you.

[freeadultcontent]

Originally posted by baddog
I helped a girlfriend. She pled to a wet reckless. Is a lower fine and penalty, and if if keeps it out of a trial they should go for it if first offense.

They will not accept a wet reckless for a .12 and the only difference in penalties is with your insurance really.

[baddog]

Originally posted by OFFBEAT
They did not read me my Miranda rights until way much later in the night

they do not need to read you your Miranda rights unless they are going to question you and use your answers against you in court.

Once they have blood or breath results they really do not need to question you.

Fact is, you can be convicted of DUI even if under .08 if you are driving like shit. Impaired is impaired, it really does not matter to what level.

[Gunni]

I don't know how it works in the States, but where I'm from they have to make a blood test for it to be 100%
If they don't they don't have any evidence for the court if you contest it, since the court doesn't accept the results from the breath machine

[baddog]

Originally posted by freeadultcontent


They will not accept a wet reckless for a .12 and the only difference in penalties if with your insurance really.

I did not see the .12, you are probably right

[baddog]

Originally posted by Gunni
I don't know how it works in the States, but where I'm from they have to make a blood test for it to be 100%
If they don't they don't have any evidence for the court if you contest it, since the court doesn't accept the results from the breath machine

maybe he should move to Spain, mui pronto

[freeadultcontent]

Originally posted by baddog


I did not see the .12, you are probably right

Yeah its why I asked what he tested at, or I was gunna suggest the wet reckless. Just aint gunna happen, no DA will go for it. He is in slam dunk land if it goes to trial, so they accept mandatory minimum for a dui, and if you fight it they will go for mid range.

[baddog]

Originally posted by freeadultcontent

Your gunna be paying another 3k or so in fines, gunna loose your license for awhile (depending on if you want a to and from work permit, or not)

In CA, the judge may say you can drive to and from work, but the DMV says you can not. There is no such thing as a to and from work permit in CA anymore. Suspended is suspended, and as I recall it is a mandatory 30 days.

[thewebgarage]

many people beat them. you can hire a lawer. they will send your piss test in for a split to verify that the level is correct. If the sample is lost you automatically win.

[baddog]

maybe this will help

[freeadultcontent]

Originally posted by baddog


In CA, the judge may say you can drive to and from work, but the DMV says you can not. There is no such thing as a to and from work permit in CA anymore. Suspended is suspended, and as I recall it is a mandatory 30 days.

Correct, I am talking about the suspension after the mandatory DMV 30 day one.

Oh and a lawyer to handle your DMV issues can kill the DMV problems. Since DMV often screws up ect, if they do one thing wrong DMV looses its lil suspension. It generally is not worth the hassle for those 30 days though, nor the lawyer costs.

You do have the option for a DMV hearing, can be phone, in person ect. So this 30 day issue can be delayed until after the trial or plea.

[freeadultcontent]

Originally posted by theking


What piss test?

Good question, they do not give you no piss test in CA. Breath, blood, or refusal.

[quiet]

what the hell is a 'wet reckless'?

[freeadultcontent]

Muahahahahhahaha I still get to screw with theking.

[theking]

Originally posted by thewebgarage
many people beat them. you can hire a lawer. they will send your piss test in for a split to verify that the level is correct. If the sample is lost you automatically win.

What piss test?

[freeadultcontent]

Originally posted by quiet
what the hell is a 'wet reckless'?

Basicly a DUI, just a lesser version. Kinda somewhat impaired but not totally impaired. Looks better for insurance reasons.

Kinda like alot of crimes here. You can get a version with a different name for a little lighter sentance. Ussually given when the DA doesnt have as strong as a case as they would desire.

[OFFBEAT]

Originally posted by quiet
what the hell is a 'wet reckless'?

yes, what is that term?

[OFFBEAT]

freeadultcontent- how do you know so much about this topic?

[freeadultcontent]

Originally posted by OFFBEAT
freeadultcontent- how do you know so much about this topic?

Fiance last year - positive at .12

We used a lawyer who primarly does DUI cases.

By the way you only have 10 days from the date of the ticket to request a hearing from DMV. a lil fyi.

[freeadultcontent]

Shit forgot since your 20% over. You are gunna have to pass a dui class that you must pay for. This also includes mandatory showing up and not missing any. This ussually takes a few weeks and is always during your suspension, lovely eh?

The court will tell you what ones you can attend, how much enrollement is and then another fee for proof of completion.

Expect to rack up 3,000.00 to 5,000.00 in fee's and fines not counting the lawyer. BTW this is a felony conviction.

[theking]

Originally posted by freeadultcontent
Shit forgot since your 20% over. You are gunna have to pass a dui class that you must pay for. This also includes mandatory showing up and not missing any. This ussually takes a few weeks and is always during your suspension, lovely eh?

The court will tell you what ones you can attend, how much enrollement is and then another fee for proof of completion.

Expect to rack up 3,000.00 to 5,000.00 in fee's and fines not counting the lawyer. BTW this is a felony conviction.

Why do you say it is a felony? I do not think that you have mentioned the major increase in his insurance coverage...and depending upon his current carrier they may drop him.

[freeadultcontent]

Originally posted by theking


Why do you say it is a felony?

My bad, should read " this could be a felony conviction". So trusting a PD is potentially a bad idea. Odds are it would not be if you did not do something else like hit something, but with a PD it is up in the air.



Sorry hit tab enter.

[freeadultcontent]

Originally posted by theking


Why do you say it is a felony? I do not think that you have mentioned the major increase in his insurance coverage...and depending upon his current carrier they may drop him.

I hit tab enter on the post before completion. See the rest on the felony part.

Insurance. Umm depends on his holder and how long his policy is good for. It very well could go un-noticed for years if ever. They do not check DMV records often (most). If he gets only a 30 day DMV suspension, he very well could escape the insurance wraith for a few years.

[BradShaw]

Why are you drinking and driving in the first place. Get a fucking taxi.

[theking]

Originally posted by freeadultcontent


My bad, should read " this could be a felony conviction". So trusting a PD is potentially a bad idea. Odds are it would not be if you did not do something else like hit something, but with a PD it is up in the air.



Sorry hit tab enter.

It is not up in the air PD or not...as long as there are not other charges than a DUI...and it is within his 3rd offense.

[freeadultcontent]

Originally posted by theking


It is not up in the air PD or not...as long as there are not other charges than a DUI...and it is within his 3rd offense.

You may be right, prolly are. Unless of course they found him in posession of anything, he hit something, or whatever.

Fuck just get a lawyers opinion, and do not forget the 10 day deal with DMV.

[baddog]

Originally posted by freeadultcontent


My bad, should read " this could be a felony conviction". So trusting a PD is potentially a bad idea. Odds are it would not be if you did not do something else like hit something, but with a PD it is up in the air.



Sorry hit tab enter.

no way ever a felony if he didn't hurt anyone, not unless he is habitual, then only maybe

[Greg B]

Originally posted by OFFBEAT
Has anyone here been charged with a DUI, contested it, and won?

Yeah, all you gotta do is tell the judge the charge is a typo.

You weren't Driving Under the Influence you were Influenced Under Driving.

[Gemini]

The only hopes you have to beat a breath test is to right away, get the dates the machine/s were last calibrated and the period of time Cali says they have to be reset to compare them. Often overlooked and a very legal reason for a judge to toss the case out. (Especially if it was the same machine!)

[High Quality]

Originally posted by Gemini
The only hopes you have to beat a breath test is to right away, get the dates the machine/s were last calibrated and the period of time Cali says they have to be reset to compare them. Often overlooked and a very legal reason for a judge to toss the case out. (Especially if it was the same machine!)

Bullshit. Hate to break it to you but this defense only works on speeding violations when radar guns are invovled.

[Hawkeye]

Originally posted by Gunni
I don't know how it works in the States, but where I'm from they have to make a blood test for it to be 100%
If they don't they don't have any evidence for the court if you contest it, since the court doesn't accept the results from the breath machine

Yes, but you obviously live in a free country.

America is not a free country.

[baddog]

Originally posted by Hawkeye


Yes, but you obviously live in a free country.

America is not a free country.

Hmmm, I do not remember a right to drive drunk in the Constitution.

You can demand a blood test if you want it in CA

[Gemini]

Ahh thats very possible High Quality, but it stands in an awful lot of States and at least should be questioned. I was only born in California, never lived there as an adult. ;-) The state I live in has that on the books.

[cool1g]

I errr....ummmm.....my friend was able to get off here in LA even with a refusal

so it can definitely be done. but how easy you can win also depends on other factors like why were you pulled over? swerving all over the road wouldn't really help your case....

can you win? yes, but very tough to and won't be cheap even if you do win...

[Sly_RJ]

Originally posted by Hawkeye


Yes, but you obviously live in a free country.

America is not a free country.

I would prefer that drunk drivers stay off our roads. If you have no problem with them, move to Spain.

[junction]

Originally posted by OFFBEAT
Has anyone here been charged with a DUI, contested it, and won?

Well, you already fucked up by taking the field sobriety tests and breath test (you are not legally required to take them in Cali).

Contact my attorney:

Davidson and Associates

8383 Wilshire Blvd. Suite 510
Beverly Hills, Ca 90211
323.658.5444

These guys are the best. Dont take my word for it, just call them.

[xenigo]

Originally posted by OFFBEAT
They did not read me my Miranda rights until way much later in the night. I think that was way odd.

Dude, cops are bastard fucks. I got arrested last year and they didn't read me my miranda until after 8 HOURS of sitting in their cell. They finally read them to me, but apparently it's legal. I tried to contest it as well.

[evildick]

Originally posted by High Quality


Bullshit. Hate to break it to you but this defense only works on speeding violations when radar guns are invovled.

In Canada this does work. If the machine has not been calibrated/maintained properly that is a defense.

There are a few specific defenses to drunk driving. Check them out here:

http://www.wi-drunkdrivinglawyer.com...info/blood.htm

MOST IMPORTANT: get a lawyer that specializes in drunking driving cases. I know one guy who was charged with two impaireds within two weeks of each other and he beat them both.

[baddog]

Originally posted by xenigo


Dude, cops are bastard fucks. I got arrested last year and they didn't read me my miranda until after 8 HOURS of sitting in their cell. They finally read them to me, but apparently it's legal. I tried to contest it as well.

apparently you have no understanding of Miranda, but that is okay, seems you are in the majority