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Criminal defense

Sacramento, CA |
Filed under: Felony DUI

I had a car accident last Saturday and 2 of my friends were hospitalized and got minor injures, I could be charged with DUI I had couple drinks before the accident, I'm also don't have a valid California driver license

Attorney Answers 11


  1. Do not make any statements to anyone including your insurance company until you speak with a DUI attorney for representation.


  2. You have already asked this question and received some excellent responses. Please see your other post for said responses.

    I am licensed to practice law in the State of California, and thus, my answers are based on California law. The laws of your jurisdiction may differ, and therefore, this answer is for informational and educational purposes only and is not to be considered as legal advice. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author.


  3. Get a criminal defense/DUI attorney right away. Do not give any statements. Go to the "find a lawyer" tab and look for a attorney in the Sacramento area.


  4. You need to get a copy of the police report and any other documentation, such as medical records, and have them reviewed by an attorney. I have personally dealt with other California claims such as yours and it is important for you to gather as much documentation as possible. Having extensive documentation will help to present your case in a more favorable light for you

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  5. You need to get a copy of the police report and any other documentation, such as medical records, and have them reviewed by an attorney. I have personally dealt with other California claims such as yours and it is important for you to gather as much documentation as possible. Having extensive documentation will help to present your case in a more favorable light for you

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  6. Retain a DUI lawyer to defend, and let your insurance company resolve.


  7. I agree with the responding counsel. You may want to contact a local DUI attorney to review your case with you and represent you in court. Best of luck.


  8. You definitely need a criminal defense attorney. You could be charged with a misdemeanor or felony DUI, depending on how serious your friend's injuries. Most importantly, don't discuss the facts of your case on this site, as this is a public forum. I offer free consultations and would be glad to discuss your case with you.


  9. It is not whether you were guilty of DUI, but whether the prosecution can prove it. The answer really lies in how evidence was collected. The police must collect evidence that proves you were in control of a motor vehicle and under the influence of alcohol. Both of those elements must be proven beyond a reasonable doubt. If you were not arrested and promptly tested, you will not likely be charged with DUI.

    Keep in mind, DUI is a very standard arrest for police. They generally walk through the same exact arrest, same three field sobriety tests, make similar observations, and perform the same chemical tests. If your scenario deviates from the norm, you are less likely to be convicted or even charged.

    And, keep in mind that accident related DUIs usually have the most evidence issues.


  10. Stop posting any details about the incident here or anywhere else. Do not discuss them with ANYONE except your attorney. Contact an attorney IMMEDIATELY.


  11. First of all, a felony DUI causing injury charge does not require serious injury or great bodily injury, and even minor injuries can be legally sufficient. The District Attorney's Office in your county has discretion to file a DUI with injury as a misdemeanor rather than a felony, but that decision is driven largely by the extent of the injuries. I recommend you speak to a criminal attorney who handles DUI cases regularly. It sounds like your drivers license is already suspended, so your main concern is to find an attorney who can represent you. If you only had a few drinks it may be a case that can be substantially mitigated or successfully defended.

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