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!
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!
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....
jurors can speak to anyone they wish after the verdict once excused by the judge for their service. If there is something that was said that would indicate "juror misconduct" then there might be an issue.. but no, just talking after trial will not be grounds for reversal. Talking before or during trial would be a SERIOUS problem and would likely result in the juror(s) being excused and/or mistrial.
Usually the fine is around 600.00 and the judge could impose some community service hours. If your BAC was really low which is presume it was with a 23136 you may want to talk to an attorney and try to get the charge reduced or possibly dismissed. Good luck!
I have cases similar without the gang enhancements.. The DA will typically file a robbery with a gun allegation enhancement which adds 10 years to the prison term. It is not something a judge can just "strike". Get an attorney asap and work this out. I would imagine the offer you received is in the double digits?! Good luck. And never speak to the police about timelines and where you were at the time. Let your attorney help you with that.