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Convicted for dui with a refusal

San Diego, CA |

Is there any way on this earth to get a restricted license for work purposes?

I tried to fight it in court and all 12 jury members said guilty. It was weird though because The jury deliberated for 2 .5 hrs. just after 2 hrs the jury had a question that they wrote on a piece of paper and the judge read it to counsel on record. The question was: " can we find the defendant not guilty for DUI but find him guilty for refusing the the chemical test?" The judge wrote back " NO" and sent it with the balif to deliver it to the jury. 10 minuets later they came back with a guilty verdict. I believe that the jury miss understood the judges answer and that is why they ruled Guilty. There was a lot of evidence " eye witnesses " that saw me as the passenger of the car.

Attorney Answers 6

  1. Not if you have already been found to have REFUSED either at DMV or in COURT. If you have not been found to have refused yet... it is a technical area and an attorney may find a problem. Worth a shot since refusing to take a chemical test in a DUI case is right up there with Robbing a Bank in California !!!

  2. It may be tough. What does your attorney say?

  3. Was there a factual finding of a refusal?

  4. Not likely.

    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.

  5. Assuming you have not been sentenced, or have been but the sentencing was within 30 days ago, consult with a locally experienced criminal defense attorney ASAP.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

  6. An appeal might be in order. Without knowing more facts, it is impossible to say.

    I recommend going over the situation with your trial attorney or seeking new counsel.

    Good luck!

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