I understand your concern. You need to clear this on two levels. First, ask the judge if it is OK. Normally, it is not a problem, but it is good to get approval. The court will appreciate you asking him or her, too.
Second, make darn sure, in writing if possible, that that the DUI program allows this. I do not think you will have a problem at the border, as anecdotally speaking, I have had many clients on informal probation to back and forth to Mexico with no problem.
There are very few circumstances under which a motion for acquittal might be granted in a DUI. In your case, it seems that if the arresting officer dies or does not show up for trial (and the judge does not allow the prosecution a continuance to secure his attendance), then you may be able to succeed on this motion, once the People rest in their case.
It is very, very hard to succeed on such a motion. Your facts sound like inconsistencies and credibility are you major arguments.
Call an attorney. Do not call the detective. Let the attorney handle this. The issue that is dangerous is your being linked or accused of more than simply evading arrest (it may also be a violation of Vehicle Code § 2800.2 (a misdemeanor) or § 2800.1 (a felony)). It would be unfair if you were linked to an unsolved crime or brought into an ongoing investigation perhaps because your father's car matches what a witness described, but not involving you.
This is difficult to answer without seeing the police report. Is the victim a Riverside resident? As I hope you understand, a criminal prosecution does not need to accommodate the convenience of the suspect. Rather, venue is usually determined by the location of the evidence and witnesses.
How do you handle it? I would hire an attorney. A great deal of emphasis will depend upon the medical records from the hospital that show your blood results. Your friends who were at the bar may be able to help by speaking to your attorney or an investigator he/she hires to describe how you did not take such drugs, but were drugged involuntarily by another person at a bar. The friends' credibility may be an issue, however, if they say they knew you were drugged and then that they let your...
Mr. Murillo is correct. If you gave a breath test at the scene with certain types of devices, it does not "count" toward you obligation, as a condition of having a driver's license, to give a breath or blood test. In certain areas, the test on the side of road suffices toward this obligation (i.e. in Riverside County, they use an "EPAS"). In other areas, once you are at the police station, after being arrested, you must submit to a breath or blood test. In your case, you gave blood. So was...
Yes, you can go to jail. Instead, have an attorney go to court to recall and quash the warrant and ask for a little more time for you to pay, or have the $700 converted to community service. Good luck.
The Good Faith Exception to the Exclusionary Rule means that if a police officer has a reasonable and good faith belief in the propriety of a search warrant, the evidence seized as a result of the search is not automatically ruled inadmissible. This means that if the affidavit for a warrant is deficient in some way (i.e. it is based on lies), but a magistrate signs the warrant, the items seized are not automatically inadmissible.
The rule does not necessarily conflict with the Fruit of...
It does seem like a conflict because one attorney is representing two people in the same case. The defendants can waive the conflict and allow such dual representation and this might have happened. Did it?
Whether your boyfriend should be offered the same deal as the other defendant is very difficult to answer without reading the police report and knowing the criminal history of your boyfriend and his co-defendant.
As to getting free legal services, tell you boyfriend to ask the judge...