Can my DUI case be dismissed if I am charged with the wrong CAB ?

Asked almost 2 years ago - San Diego, CA

Hello , I recently got pulled over for a DUI and went to my arraignment today . My blood alcohol level was reported at a . 08 and all my paperwork that I received says . 08 . The charges on my paperwork today are 23152 ( a ) and 23152 ( b ) . So here is the issue I was not pulled over I was approached by police outside a 7 - 11 who believed me to be driving under the influence . It gets better ! The paperwork i received today at my arraignment says my CAB was a . 12 which is incorrect and the charges read to me by the Judge had me at a . 12 . A friend of mine told me that since I am being charged incorrectly the case has to be dismissed and that they would not be able to charge me with the same case after that . Is any of this correct ? Any help would be greatly appreciated ! This case is in California .

Attorney answers (8)

  1. David Philip Shapiro

    Pro

    Contributor Level 18

    14

    Lawyers agree

    Answered . If only it were that easy...

    If your friend is a CA attorney, then they should resign as an attorney immediately. If they are not a licensed, locally experienced criminal defense attorney, then you should hire someone who is.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  2. Joseph Salvatore Farina

    Contributor Level 17

    14

    Lawyers agree

    Answered . Unfortunately your friend has not idea what they are talking about. In many areas of criminal law, the rules and procedures can be very complicated, especially for something like a DUI. The law on DUI had become more and more punitive over the years, such as a DUI remaining on your criminal and driving record for 10 years instead of 7 years and the lowering of the minimum BAC from .10 to .08, You do not want to take chances or listen to uninformed friends. Consult with an experienced DUI attorney so you have the greatest chance of achieving the best results. Many offer free or low cost consultations.

  3. Matthew Murillo

    Pro

    Contributor Level 19

    13

    Lawyers agree

    Answered . Your friend isn't qualified to give legal advice. The .08 is part of the 23152(b) title - usually abbreviated by police to just ".08+" or ".08% on the ticket will not dismiss the case. So when you are contacting attorneys for a consultation, be wary of the scare tactics or those that promise to get dismissed based on that alone. Once your friend is licensed to practice law, they will have a better understanding of how the law really works (it is different than on law & order).

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  4. Andrew Michael Limberg

    Pro

    Contributor Level 16

    13

    Lawyers agree

    Answered . Your friend is incorrect. You'd be better off receiving legal advice from an actual defense attorney. An error in the complaint can be amended. You should obtain a free consultation from a defense attorney to learn what can be done to ensure the best possible result in your case.

    Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
  5. Christopher Lee Beck

    Pro

    Contributor Level 19

    14

    Lawyers agree

    Answered . No. They could amend the charge. You need to hire a good DUI defense attorney. They will know how to the handle the case. A lay person seeking to try and win a case with such intricacies as DUI case law and statute almost never works. Hire a professional. Good luck.

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more
  6. William Peter Daley

    Contributor Level 17

    10

    Lawyers agree

    Answered . Assuming you mean your BAC was .08 and you were told it was .12 there is a serious credibility issue with the test. Dismissing is one possibility, however I'd need to see the complaint and all the evidence before I could make a completely accurate call on this one.

    http://lawofficeofwilliamdaley.com/san-diego-cr...

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
  7. Daniel Nelson Deasy

    Contributor Level 20

    10

    Lawyers agree

    Answered . You need to call one of the excellent attorneys that have given adivce to you on these issues.

    Best of luck.

    Dan

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  8. Michael James Kennedy

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . I hope your friend is a better friend than he is legal analyst, or else he is the Brutus of friends. If you are in DUI land, at either .08 or .12, you need counsel. Those low numbers are very fightable [and don't fall for any "wet recklass" crap, because unless you ran over the cop's foot or threw up on his badge and spit-shined jack-boots, a wet should never be advised or taken at such low numbers]. There are several very competent DUI lawyers in San Diego and you should seek one out.

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