Expert Advice When You Need It Most
1st DUI, 0.13BAC, drink spiked with extra alcohol, arresting officer behaving unprofessionally
I was pulled over for driving fast and cutting someone off (but not charged with that). I responded to the police lights immediately and followed their instructions of where to pull over to the letter.
Attorney answers (4)
Reputation Level 14
Answered over 2 years ago.
Criminal Defense Attorney in Boston, MA.
You should talk to an attorney about your case. The prosecution needs to turn over information regarding your blood alcohol results.
Attorney Jason Chan 77 Franklin Street, FL3 Boston, MA 02110 617-556-8220 website: www.attorneychan.com blog: http://attorneychan.wordpress.com/ twitter: http://twitter.com/AttorneyChan disclaimer: I am not licensed to practice law in your state. Please be aware that this is for informational purposes only. 1 person marked this answer as good
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Reputation Level 15
Answered over 2 years ago.
DUI / DWI Attorney in Monterey, CA.
I am an attorney in California and I do DUI defense.
Unfortunately the officer no behaving professionally will not really help you (happens all the time). The fact that the didn't charge you with the cut off really doesn't have a bearing. The additional alcohol doesn't have impact either since the voluntary action they are looking for under the law is just the drinking of alcohol itself. The amount of time to get the blood results seems appropriate. You probably will not get the results until the court date. You need to request a DMV hearing within 10 days (calendar from arrest) if you want a chance of keeping your license. You can file a complaint at the police department against the officer, do not let the intimidate you (they sometimes try to scare you into not filing a complaint), but I wouldn't file until the case is over. Whether or not you contest the case depends on your overall goals which are not listed here. Hope the above answers your questions. You can look at my site for more information. Good luck with the situation. Matthew Williamson www.MontereyDUI.com 
You can find out the blood test at your first court date. The Officer's behavior can be contested by filing a Pitchess Motion. Yes, you should always fight a criminal charge. I practice in San Francisco.
1 person marked this answer as good
Reputation Level 16
Answered over 2 years ago.
DUI / DWI Attorney in Los Angeles, CA.
The blood results will be turned over by the prosecution. You will have an opportunity to obtain a sample and have it tested at your own lab. My advice is to take advantage of that.
You can make a complaint with the police department for the officer's conduct. You can make a civil tort claim for the damage to your car/helmet. Edward J. Blum Related Questions3 Attorney answers: 
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