San Diego Criminal Defense Attorney.
With facts like these you need to hire an excellent, local criminal defense attorney who can try to get your case dismissed.
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Sounds like you will have to do a Writ of Mandate to Superior Court to compel the DMV to create an exemption, but your attorney probably already told you that.
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You must first serve your petition on the Law Enforcement Agency that arrested you and wait for their response. If they deny that request, you must file the 851.8 motion with the court, serve the Law Enforcement Agency, the prosecuting agency and attach the denial from the Law Enforcement Agency as an Exhibit. The Judge will most likely find good cause in your situation to waive the time limit.
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The chances of having a court trial is totally your decision and is something you may consider if you are not pleased with the offer of disposition. If you, the client, want to have a trial, that is your decision and would be a fairly serious matter. A jury trial would take 2 to 3 days and a court trial about 1 day. Generally, as very few cases do go to trial, you would be better off going with a flat fee that does not include a trial. I hope that this answer has been helpful. Paul Neuharth,...
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You my want to contact the DMV Driver Safety Office within 10 days of this incident to make sure that the officer did not forward a notice of suspension to them without giving one to your daughter. While that is not normal, sometimes the Officer may forget to provide one to the person being arrested. Since your daughter is under 21, any Blood Alcohol Concentration above .01 percent can trigger charges being filed and a possoible DMV suspension. I would not hold your breath on the blood test...
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It is possible that this a grounds for a reversal, what does your trial attorney think about the possibility of an appeal?
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You should make sure to contact DMV Driver Safety within 10 days from the date of arrest, their # is 858-627-3901(or have your attorney call them) to schedule a DMV hearing. Contact the most experienced, best accredited San Diego County Criminal Defense Attorney and consult with that person to discuss your options. Paul H. Neuharth, Jr. 619-231-0401
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They would have needed to conduct a chemical test on her to determine the Blood Alcohol Concentration. You indictated tht she was positive for alcohol, how do you know this? The police could have also sent a lab tech or phlebotomist to the hospital to have obtained a sample, a uniformed officer does not need to be bedside for this to occur. If her license was taken away and a pink Temporary License for an Administrative Per Se Suspension was given to her, then she is more than likely going...
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I can not imagine any good quality, private attorney that would take this matter with that financial arrangement. You should qualify for the San Diego Public Defender.
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You should not respond to out of town attorneys who are attempting to solicit your business. Set up an office conference with a LOCAL, experienced criminal defense/DUI attorney for a consultation and discussion about the defenses and mitigants that exist in your case. Be wary of those attorneys that do not actually do their own court appearances for motions or negotiations, the cheapest counsel is almost never the best course of action. Good Luck Paul Neuharth 619-231-0401
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