The consensus is that McNeeley is retroactive, so it may help you. As to whether such a motion to suppress would be granted (and the case likely dismissed), I would need to know more facts concerning when the forced blood draw took place.
McNeely, in some respects, did not overrule Schmerber v. California (1966) 384 U.S. 757, which OK'd a forced blood draw, as you probably know, so your attorney needs to be careful in how his motion to suppress is drafted.
Hire a well-qualified DUI...
I am in the Orange County courts alot an it is hart to answer your question. There are some generalities about OC DA's, but they may be misleading to you right now. More facts are needed about the events. An attorney may be a big help. I would call an attorney who appears in the Orange County courts on DUI's.
Good question. Is expungement worth it?
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Your question is difficult to answer. If one is the prevailing party in a civil matter for declaratory relief and the court finds that you, for example, are the rightful owner of a business, I'm not sure how that evidence could be used to prosecute another person for "taking over a business." I would need to know more facts as to how that other person committed theft of a business before answering any questions about whether such conduct is in fact criminal in character.
A few questions:
Was anyone injured in the initial accident (not the one with the police car)?
Was a police officer injured?
Was you blood drawn by force (you suggest it was, so a motion under McNeely may be an option)?
Is the 23152a count is based on you rolling backwards or is it the first collision? It seems that if it is the second collision, there may be an argument that if the cops told you to take your foot off the brake, there is an entrapment issue.
Sorry - it is...
It sounds like you are already questioning the effectiveness of the attorney.
You are not entitled to a copy of the file even if you paid your son's retainer. Your son is the client, not you. The attorney is not correct in saying she cannot provide it to you (but did) due to privacy issues.
However, if your son was able to review the file, he can authorize the attorney to send it to you. The attorney is obligated to redact the names, addresses and phone numbers of certain witnesses...
The witnesses really will only help on the roadside gymnastic tests. The real witnesses you want are expert witnesses to critique the breath test measurements and how perhaps your physical characteristics affected the blood alcohol reading (see Superior Court v. Van Gelder for more on this). You will want to look closely at the calibration of the machines, as well as their maintenance. Also double check that the officer who administered the tests was qualified to perform the tests.
Trust your attorney on this. He or she is who are paying to give you accurate, trustworthy information. If you feel he does not fully know the answer, let the attorney know and give him or her a chance to research this.
You question deals with a civil lawsuit, not a criminal action. However, yes, the guardian ad litems may sue the driver on behalf of each minor for his intentional infliction of emotional distress to each minor. The tort of intentional infliction of emotional distress is disfavored except in the most extreme cases, yet this may be one such case. The intentional character of his conduct is in the wanton, reckless disregard in drinking himself to excess and then getting in a car with not one,...