I wasn't driving when they pulled up behind me I was on the side of the road. My girlfriend was feeling sick so i pulled over. My car wasn't on and they just automatically assumed that i was driving. Did not take the field breathalyzer either. They took the test at the station (hour later) it came back .08. I think officer knew he didn't really have a case because he parked my car in a parking lot and didn't get it towed away but his partner kept pressing him to arrest me.
Based on these facts, you have a very strong case. Remember, you're fighting two cases at once. First the DMV proceeding, and second, the criminal case. With .08 breath results, you have a very good chance of winning the DMV if the calibration records show any anomaly in your favor. As far as the criminal case goes, a large part of the evidence against you will depend on the statements that you and your passenger me at the time. Get a good lawyer, because you have a lot to work with. Check out the California DUI worries Association for a DUI expert in your area.
DUI / DWI Attorney
You should immediately go to NCDD.com. Click on Find An Attorney. Click on California on the Map. Next find an attorneys that are near you.
The National College of DUI Defense (NCDD) is one of the best legal organizations in the country, and the lawyers in it are fantastic. You will pay more to hire one of these attorneys, but it will be worth every penny.
Criminal Defense Attorney
Attorneys Dunn and Brengle have given you excellent information. You need an attorney and you need to initiate the DMV hearing. Shawn 714-287-1643.
Criminal Defense Attorney
You seem to have a very defensible case here. You will need counsel to funny it but its a good fighr.
DUI / DWI Attorney
Based on these facts you will have a good case. It will most likely have to go to trial but there are several available defenses to your case. I practice in Orange County and feel free to call my office for a free consultation.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
You will want to hire the best attorney you can and fight both the DMV and Court case. This is not going to be easy but your criminal record is on the line.
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
You want to get a good dui/dwi/drunk driving lawyer, as soon as possible.
Under the facts you've recited, you have a good case, but is not one you can win by yourself. The test at the station will be enough to prove you over the legal limit unless challenged. They do not have to catch you driving. They do have to prove it, though.
If you don't act quickly, though, you will lose your license even if you win your case. A lawyer can help with that as well.
You already have answers from multiple excellent California lawyers. I am writing primarily to give you a disinterested opinion that you do need a lawyer for this. You can't hire me, but you can hire someone that practices regularly in your court. You need to do so.
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As stated by others, your fact sound very favorable. However, in my humble opinion, it is way too early to say you have a "good" case. Although it appears that coming out of the gates you have a good start, there needs to be additional investigation to properly fight the case. Prosecutors don't just roll over because you have good facts.
Criminal Defense Attorney
You want to make sure that you contact DMV within 10 days and request the DMV hearing. The DMV hearing is completely separate from the court proceedings. If you fail to request the DMV hearing-DMV will automatically suspend your CDL.