I agree with the above answer.. You have 6 months to file a claim against government agency in a civil suit. I currently have a case that was rejected by the DA for filing, and the client filed a civil suit naming the police officer, agency, and others - The case has since been filed. Be careful & hire a skilled attorney who can handle these issues. Good luck!
Yes it exists.. I think juries really do not care about these sting ops and many people think it is a waste of resources but I would also think it would be wise to accept a "trespassing" over the stress and uncertainty of a trial of this nature.
The police reports will definitely exist at the time of the criminal case.. Sadly, we do DMV hearings all the time and they will send us reports that are incomplete and otherwise lacking maybe a day before the scheduled hearing. If I do not have the proper reports, blood/breath evidence, I will request a continuance from the hearing officer in advance. You should definitely have an attorney do the DMV hearing with you as the hearing officer is the Judge, and the Prosecutor..
and still need an attorney.. sorry about your debt and what you have been through. You may have an involuntary intoxication defense which can help you with the criminal aspect. It may be too late to redo the damage DMV has done but at least get some consultations with attorneys in the area and fight to get the criminal complaint dismissed. It may end up going to trial but track down all medical records and provide to your attorney. Good luck!
Get an attorney. Being on probation for the first offense will not help. I agree that the DA will certainly be asking for a substantial amount of time whether it is straight time or work release. You need someone to advocate for you to spend some time in an outpatient rehab or alternative sentencing. The other conditions of a 2nd time DUI are intense. It requires an 18 month alcohol program, and statutory fines/fees. Good luck!
Has the DMV set aside any suspension? As far as getting it dismissed, we would need to know more facts about drinking history, breath or blood and other relevant factors. San Bernardino is a good court for negotiating cases and whether it can be dismissed, or reduced depends on a lot of factors. I would get an attorney who is familiar with the court and DUI defense and go from there. It is hard to give you your "chances" on a dismissal without knowing all relevant facts. Start with a free...
Agreed.. I sincerely doubt he will be taken in to custody if stopped by law enforcement. They would most likely issue a citation with a date to appear on traffic warrant. I would hire an attorney to run a "serna" motion and make this disappear. He will most likely never have to be present and the case will most likely end up dismissed. In fact, if I were still a DA I would submit on an oral motion by defense counsel to dismiss.. Contact a few attorneys in the Sac area and get this handled....
All of these answers are correct.. I would just add that you should talk to the attorney of your choice about DEJ (Diversion) which could and would end up in a dismissal. Depending on the facts of your case, and the county of the offense, you may be eligible. Good luck and get an attorney because you do not want a conviction for theft!