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DUI in the state of Ca, blood results showed I had .01 "Legally" considered DUI. Do I get a lesser charge or possibly dismissed?

La Habra, CA |

I was driving home one night with my friends and a police car starts to follow me. I was obeying all traffic laws, but the Officer decided to pull me over. A city which is known for pulling cars over for no reason I know this considering i was a police explorer for them. Officer didnt inform me why he had pulled me over or give me any explanation. He found marijuana in my friends backpack and charged me with POSSESION OF MARIJUANA, CONCEALMENT/DESTRUCTION OF EVIDENCE considering i had no marijuana in my pocket when he searched me. My friend on the other case had marijuana in his pocket and claim responsibility for the Marijuana in his pocket and car ( less than a gram ). My BAC was .01. What ususally happens in these cases? and its been months and I have no case on file with the court.

Attorney Answers 5


  1. Assuming a few things, to include that you had no other illegal substances in your system from the chemical test that you took, that you had no priors, and that you are not under age, then the prosecution does not have a lot to work with. If my assumptions are in fact true, then I would anticipate your DUI charges being dismissed. However, I would also anticipate that they will move forward on the other charges.


  2. You can call the DA's office and they'll tell you if the case was rejected or if its being reviewed. When its been that long after the original date, they probably rejected it. If you need the DA's phone number, call or email me.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


  3. In addition to the answers above, it may turn on whether you we're over 21 at the time this happened. There is a presumption in the law that if you're under a .05, you're presumed to be NOT under the influence of alcohol. If it was a blood test, the DA may push for a drug DUI, but it just depends on what the officer writes in his report compared to what actually happened, and your blood work (again, if you did a blood test).

    Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.


  4. Sounds like La Habra or Brea. If you are under 21, your license would be suspended bythe DMV, but there is still no DUI for the alcohol. A DUI charge for drugs could only result if there was a blook test that showed the presence of an impairing substance. It sounds like the case was rejected, but I agree that you can find this out for sure by calling the DA's office in the jurisdiction in which you were arrested. Your friend's case may get processed through traffic as an infraction carrying a $100 fine, but the facts suggst there was no PC for the search that turned up the marijuana. Good luck.


  5. It sounds likely that your case is not being pursued. It's a good idea to continue to monitor the case.

    If you're looking for closure, you might be able to find an attorney that can speak with someone at the DA's office about having the case formally dismissed.

    Good luck!

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