This is purely speculation, but by "nothing bad," I'm sure he meant you wouldn't be facing any jail time.
But as stated, a fine a probation are still no laughing matter.
Any attorney would need more facts to determine if you would be able to beat the MIP charge.
You first have to worry about what will happen with the DMV, then you can worry about court.
You'll be charged with both VC 23152(a) and VC 23152(b). The (a) count is "driving under the influence" of an alcoholic beverage, drug, or both. The (b) count is driving with a BAC of .08 or above.
The consequences will depend on if this a 1st, 2nd, or 3rd DUI for you and if there was any injury to anyone else involved.
Make sure to speak to counsel to see if any defenses can/may apply...
Regarding the dismissal, it's tough. On the 23152(a) count your attorney can argue you were not "under the influence," but he/she would have to look at the report to give you a clear assessment based on the FSTs and if you displayed any objective signs of impairment. On the 23152(b) count, you are already at the .08, so this one would be tough.
You admitted to speeding and running the red. These are both valid reasons for a traffic stop if the officer saw you commit one or both....
Sorry for your loss.
Contact the Court where the incident occurred. Ask to speak to the clerk. The clerk will hopefully be able to point you in the right direction.
If you reside in a different county, the Court should likely grant your permission to attend HAM in a convenient county.
Marijuana DUIs are tough for the prosecution to prove. Usually a blood drawn is done. To my knowledge, there hasn't been any form of breath test developed for marijuana testing
In order to get charged with a marijuana DUI, you have to exhibit signs of impairment - poor driving pattern, blood shot eyes, slurred speech. Additionally, poor performance on the FSTs that are administered would also probably be required in order for the prosecution to charge someone with DUI for strictly...
Simply put, a private attorney will cost you money, a public defender will defend you for little to nothing, if you qualify financially.
A private attorney can/will help you with the DMV hearing, while a public defender won't.
Usually, a private attorney can give you more individual attention because most public defenders have a heavy caseload they must manage.
This is not to say that you should automatically hire private counsel. Choose the attorney you feel most comfortable...
Just to add to my colleagues' answers, and based solely on the facts you have presented, if you do in fact have tape recorded this conflicting evidence, you can ask to your attorney to file a "Motion to Suppress Evidence" commonly referred to as a 1538.5.
A well-fashioned argument at the 1538.5 hearing could potentially get the case dismissed because there was no valid reason for the stop if in fact you did stop at the sign.
I did not see if you were arrested for a DUI as a result of...
Yes, you should get a lawyer. It does not need to be repeated that you face potentially serious consequences.
As my colleagues have mentioned you will have to contend with the DMV as well as the courts.
Also as mentioned, if in fact your refusal was "knowingly given," you will be charged with 23152(a) as well as the special allegation of the refusal. VC 23152(a) is defined as "driving under the influence" of an alcoholic beverage, drug, or combination of both. "Driving under the...
Hard to give an exact answer without knowing his past record and if he complied with all the terms of probation for any outstanding prior convictions. There also may be more convictions, arrests, and/or terms of probation that you may not even be aware of.
As my colleagues have stated, the loaded firearm poses a big problem and the brass knuckles do not help his case either.
In order to find out how much time he is facing all facts need to known, but this is not the best place for you...
As you admitted, the officer had a reason for the stop - you ran through the "stop sign without stopping at all." You then admitted to drinking alcohol and the officer smelled it on you, so he arguably had two reasons to administer the FSTs.
As my colleagues have noted, some FSTs are scientifically validated, when others are not. Officers are trained to look for clues when administering the FSTs. As such, just because you feel you "passed" the FST, does not mean that you did or did not...