Asked 8 months ago - Glendora, CAFlag
I was charged with a DUI and the arresting officer did not tell me why I was being pulled over. He proceeded to ask me to exit the car and had me submit to an impairment test and a breathalyser immediately after.
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I agree with my collegues. The best way is to consult and retain an experienced DUI attorney in your area, hopefully it is within 10 days of when the incident occurred as of now. The attorney can contact DMV to set an APS hearing, stay of the suspension of your driving privilege until the conclusion/decision on the adminstrative hearing, and discovery which will include the police report. An experienced DUI attorney will be able to obtain various records including video from the patrol car if it exists as well as records relating to the testing equipment used to determine your blood alcohol level. While you can call DMV to set a hearing if you do so within 10 days of the arrest (if the officer took your license and served you a temporary pink license), it would be difficult for you to get the information necessary to determine if there was a way to fight the case prior to the DMV hearing or the criminal case starting. Consult an experienced DUI attorney in your area to discuss your concerns before the 10 days go by or your privilege to drive will be suspended 30 days from the time your license was taken by the officer.
You can get it through a DMV subpoena and/or the prosecutor through PC 1054.5, but both of these options are made more complicated in cases where a defendant represents himself or herself. Thus, it is oftentimes better to retain an attorney to obtain these items so they can be properly evaluated. Make sure the attorney is in fact a DUI attorney who practices in the area where the case will be heard and be mindful of the ten days in which to contact the DMV.
Contact a DUI/DWI lawyer in your area. There are a number of excellent ones in LA. You need to do this now, don't wait for court or you may lose your license even if you win your case. http://addbalance.com/duitendaywarning.htm
The field sobriety "tests" are designed so that sober people will fail them, even if they are properly done. Often, they are not properly done. http://addbalance.com/fieldsobrietytests.htm
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