As my esteemed colleagues have pointed out, you should consult the lawyer who won the motion, they can get a renewed hearing if you are within one year of the arrest. The legal standard at the DMV is different AND for some reason the "lawful arrest" element of their case isn't a 4th Amendment standard...which is, of course, why you won the 1538.5 (suppression) motion. If you didn't have a private lawyer, you will need to either "suck it up" or consult with a private lawyer who can help you...
The DUI statute(s) are VC 23152(a), driving under the influence and VC23152(b) driving with a .08 or above, since your blood alcohol concentration was .08 the prosecutor in Placer County will charge you with both DUI counts. Additionally, if you do not have a prescription for the Hydrocodone found in your car you will likely face the additional charges under the Health and Safety Code.
A skilled lawyer can discuss the facts of your case and the likely defenses and outcomes, many attorneys (...
Your Dad has a lot to lose. He should meet with a DUI defense attorney as soon as possible, request a DMV hearing within 10 days of his arrest and figure out what needs to happen. There may be issues in his case that can result in his case being dismissed or reduced, but only a qualified DUI defense lawyer can help him determine what those issues are and what the possible outcomes may be.
You don't mention if you have a lawyer, if you don't have a lawyer, you need one. If you have a lawyer, you should discuss this with them and rely on their counsel, there aren't enough facts provided to give you any answer. Some lawyers will review your facts/police reports and provide a consultation even if you have a lawyer, you might call around.
Yes, while DUI usually requires driving there is provision of the vehicle code that permits the prosecution for DUI even when parked. The statutory requirements are pretty specific, our office has contested and won some of these kinds of cases. Your daughter has 10 days to request an administrative review of the arrest in order to save her license, I encourage you to contact a lawyer as soon as possible to discuss the case and what can be done to fight these charges in court and at the DMV.
There are several approaches to this arrest, many experienced lawyers can help you. An experienced lawyer can help you determine if you need "help" and where to find it while determining the best defenses for your case. Unfortunately, a DUI arrest and subsequent conviction will undoubtedly cause you problems with medical school admissions and further on down the road medical board licensure. You need a good DUI defense attorney to help you through this time.
Yes, when you are arrested for DUI a chemical test is usually requested and provided pursuant to implied consent. When a person fails for "voluntarily" provide a sample law enforcement can contact a Judge and if the Judge is convinced there are sufficient legal grounds for a blood draw, a warrant can issue and blood can be forceably drawn.
Hey, you ask a question on a lawyer website, of course you need to hire a lawyer. That being said, you have defenses, a lawyer can walk you through the possibilities, winning, bargaining and losing...call a lawyer before you lose you right to a DMV hearing and take your lumps...you might be surprised, keep your license and not get a DUI...pinch me
No, the DMV will not suspend through the Administrative Per Se process since there is no violation of the .08 or above statute (the so-called per se statute, CVC23152(b)). However, if you are convicted of driving under the influence in court (DUI, CVC23152(a)) then you will face a suspension from the DMV. If no sample is provided then there is an administrative per se hearing which may or may not result in suspension regardless of the outcome in court.
Of course, if you have a lawyer and...