I was pulled over for driving fast . I got my drivers license back and they didn't give me pink suspension form
You have a fairly good chance of winning at trial (verdict of not guilty). Dismissal on the Prosecutor's motion prior to trial is a tougher objective. Technically, you can be convicted of the Impaired count.
Seth Weinstein, Esq.
Practicing throughout Southern California
You still had alcohol in your system although below the. 08 threshold. Depends on what you were stopped for, performance on field sobriety tests and your objective symptoms. You might beat the 23152(b) count, but if your driving was bad, you could still lose on the 23152(a) count. Since they didn't take your license, this might be a winnable case. Contact an attorney for a free consultation.
There are two counts VC 23152(a) and (b), (b) requires '.08 or higher so that's out, but (a) requires any amount if alcohol so long as the prosecutor can prove you we're unable to drive. My thought, hire an attorney to show that you were able to drive even though you had a BAC.
Same question, same answer:
The outcome depends on the attorney you hire, the facts of your case, the courthouse where the case is heard, and possibly 12 strangers if the case proceeds to a jury trial.
Less speculation and be proactive and hire the best, locally experienced, criminal defense attorney you can afford.
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