Convicted for dui with a refusal

Asked over 1 year ago - San Diego, CA

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

Additional information

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. George B. O'Neill

    Pro

    Contributor Level 13

    10

    Lawyers agree

    1

    Answered . 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. Mark K Rosenfeld

    Contributor Level 15

    8

    Lawyers agree

    1

    Answered . Not likely.

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  3. Douglas Holbrook

    Contributor Level 17

    8

    Lawyers agree

    Answered . Was there a factual finding of a refusal?

  4. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    7

    Lawyers agree

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

  5. David Philip Shapiro

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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. Jason Chase Beahm

    Pro

    Contributor Level 15

    2

    Lawyers agree

    1

    Answered . 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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