Charged with dui At the arrainment I was told that no charges were filed. 3 arrainments no charge Can I have this case dismissed

Asked over 4 years ago - Corning, CA

I had an accident near home and 911 was called. Just left store buying 18 pk of beer in truck at the time of my accident, which flew everywhere. I was not drinking at the time of the accident. My dog flew out the back window and I was freak out while looking for her everywhere on hot day and as I waited for chp to arrive I sat down and drank a beer. I had one beer and knew that the blood test results would prove me to be below .08 but for some reason I have not a clue what happen to them. I know that they went off the breath test that they made me do twice. First result was .07 second one he would not let me see, but informed me that I was under arrest for a D.U.I Suspended license for something that I have not been charged with. How can I approach the dmv with this. Need license.

Attorney answers (3)

  1. George Fredrick Mueller

    Contributor Level 14

    1

    Lawyer agrees

    1

    Answered . Even a low BAC in a serious DUI accident with death or injury could get you in big trouble. You require a professional approach to draw them out properly so that you don’t lose every step of the way - an approach like that of a California DUI attorney. California DUI police sometimes do not follow rules or procedures. A California DUI attorney can see to it that you are protected yet proper steps are taken to ensure the victim situation is handled properly. Be careful as California DUI attorneys just cannot make mistakes which could affect your freedom and license. In California, a BAC – blood alcohol content – of any amount may be a big problem, particularly if an accident. Your California DUI attorney might be able to cut you a deal so you can avoid prison and/or a felony and many harsh penalties. Excellent questions to ask when searching for a California DUI lawyer: What are his or her California DUI attorney's qualifications? Is he or she a Specialist?
    2
    Since the police did not see you driving at the time of the accident, you may have some defenses.

    Ask yourself:
    1) Did California police officer actually observe the person driving the vehicle?
    2) Does the officer have first-hand knowledge of the person driving?
    3) Was the vehicle lawfully parked when the officer arrived on the scene?
    4) Is there a reliable witness who can actually identify the person as the driver?
    5) Could there have been another person driving?
    6) Can competent witnesses establish the vehicle moved within 3 hours of the chemical test? 7) Is corpus delicti for a DUI offense (actual driver + driving of vehicle, etc.) established?
    8) Was the warrantless DUI arrest lawful?

    California Vehicle Code section 23152 (DUI) requirement "to drive a vehicle" means there must be evidence of "volitional movement" of a vehicle.

    There are a number of issues in your case.

    First, have you contacted DMV? If you had 3 court dates and this happened months ago, you may want to have your lawyer contact DMV and find out what the status of your license is.

    One can only approach DMV within 10 days of the accident (or notice from DMV of an orde of suspension) so time is of the essence.

    The fact that you drank after the accident creates a potentially winnable case at DMV and/or Court.

    But you need to contact www.dui-help.com to help you find competent attorneys in your area.

  2. Barry Thomas Simons

    Pro

    Contributor Level 4

    Answered . You have a number of issues. Assuming that no one was injured in the accident then the District Attorney has 1 year to file charges against you. The longer they wait, the better your chances are. If your blood alcohol level was below .08% some prosecutors will not file charges but many will. There are (2) seperate offenses in California, CVC 23152(a) makes it a crime to drive while under the influence of alcohol and that can be as low as .05%. You should hire an experienced DUI Lawyer to investigate the status of your case and find out what the results of the blood test were. If you were below a .08% the DMV should not have suspended your license. If you failed to request a hearing within (10) days of your arrest, the DMV may have suspended your license based on the information sent to them by the police. If the case is not filed by the District Attorney you might be able to have an attorney get your DMV case re-opened.

  3. John M. Kaman

    Pro

    Contributor Level 20

    Answered . Because you had just downed a beer or two your breath alcohol content may be artificially high. You are correct that the blood test may save you from your own stupidity if the facts are as you have stated them.

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