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.
I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com
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 relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner
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%
Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.
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
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
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.
You need to call one of the excellent attorneys that have given adivce to you on these issues.
Best of luck.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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.
A roundup of the best tips and legal advice.