first dui i didn't take a breath test at the seen i did a walk on one leg test on a hill, police officer said i was speeding however the place i was at always has cops that pull people every time they are there it is a;most like a trap. What advice if any do you lawyers have not to mention my lawyer is going to be late for my first day in court to Make things worse. help in two years i take my nursing exam i need to take this down
Since you already have an attorney make sure that that person is familiar with blood testing. Blood tests are done in a toxm lab and there are various challenges available such as reviewing the chromatographs to see what problems exist. There have been some interesting challenges recently to the toxicology lab in S.F.
No advice. If you have a lawyer, you hired them for a reason. We don't know all the details so anything we could offer would be pure speculation.
The fact that your lawyer will be late doesn't make much of a difference, just make sure your DMV hearing is requested and scheduled.
Make sure you reviewed your attorney's qualifications to handle a DUI case. Just because he/she does criminal defense (or practices any case that walks in the door) doesn't mean he/she will be able to "take this down." I just won a jury trial on a .16% blood test. The client was referred to me by his original lawyer after he had lost the administrative hearing and was unsuccessful in negotiating any favorable resolution for the client. (if you don't know how to find weaknesses in what appears to be a strong prosecution case, they don't negotiate). Since my client is a commercial driver, his career was at stake. He didn't like spending the money on a second lawyer, but did. You still have time to be sure you made the right decision. If your attorney is not sufficiently qualified, you can find some outstanding DUI defense attorneys in the Bay Area. Don't delay. Good luck!
I(f you are looking to get a nursing license, you need to deal with this right away and properly. Almost no hospital will hire someone on probation and DUI probation is five years long. You can seek to have it ended early under Penal Code section 1203.4, but that still means 2 and half years of probation. There are numerous defenses to blood tests including a rising blood alcohol defense, problems with the collection and analysis, and other issues. Also, you need an expereinced DUI lawyer who can tell if the initial stop was legitimate and if not how to fight it in court with a suppression motion.
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