First, no matter how guilty you may think you were at the time of the arrest, you should know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. Your best bet is to speak with an attorney experienced in DUI defense before making any decisions about your case.
Secondly, remember, the Department of Motor Vehicles (DMV) can and usually will suspend your license separately from the court.. If you have been arrested for a DUI in Calfiornia, you must request a DMV hearing within 10 days of the arrest according to California DUI law. If you do not do so, your license will be automatically suspended or it will be revoked 30 days after your arrest.. California DMV DUI hearings can be technical, and the chances of a person winning without legal help are very low.
MIRANDA rights only come into play if there was a CUSTODIAL INTERROGATION. Too complicated to explain here. As a minor for drinking purposes there is no tolerance. Your case involves @ parts . 1. DMV HEARING 2. COURT. Both parts are separate and distinct with different defenses and levels of proof that apply. You only have 10 days to set the DMV hearing or you waive that right and will definitely lose your license for a year. .14 is rather high however by itself that fact is not fatal. Consult with three local DUI counsel from this site , pick the one you like and hire them. If you cannot afford an attorney ask the judge to appoint a free public defender. Good Luck
Make sure you contact the DMV within 10 days of the arrest to schedule a hearing. Failure to do so will result in an automatic suspension. Fighting the DMV with a .14 is tough but not impossible. You need an attorney with both the DMV action and the court case.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
Hire a competent criminal defense attorney ASAP to represent you. At stake is loss of freedom, fines, court costs, your drivers license, possible cancellation of your auto insurance and increased rates in the future if convicted. Get a lawyer ASAP.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Please do not assume that your only option is to plead guilty. The District Attorney has the burden of proving you guilty of the charge. They need all of the pieces of the puzzle, and if one piece is missing or defective, then they may not be able to prove their case. An attorney will review the facts in detail with you and then, upon receiving the reports, scrutinize each detail written in the report.
Any questions asked before arrest are deemed investigatory and if no questions are asked after arrest, then no Miranda needed.
The DMV needs to be contacted(within 10 days) to schedule an in-person hearing. You should have an attorney present with you for this hearing. Your license issue is treated separately by the court and the DMV.
The truth is as a minor - even with a much lower BAC of .05% - you'd have a tough time but here, with a .14 you're going to have an even tougher time and, statistically, you're probably going to lose your license for a year. There MAY be ways around that, but the truth is it's unlikely. Make sure you request your license hearing (or have DMV request the hearing) within 10 days of the arrest or the DMV will claim you waived your hearing right. Please don't drink and drive anymore - bad for you, bad for us all and our kids too. Good luck, kiddo.
California attorney Sarkis Jacob Babachanian handles criminal defense, personal injury, civil litigation and bankruptcy (ch. 7) matters in the greater Los Angeles area. To discuss possible representation, feel free to phone Mr. Babachanian at 818-500-0678 or email him at firstname.lastname@example.org. The information provided is as a public courtesy only and does not establish an attorney-client relationship. Only a formal written agreement establishes an attorney-client relationship. In criminal cases, speak with nobody except privately with an attorney about your case facts. In personal injury cases, all cases are governed by statutes of limitation which create deadlines to bring your case, and if you miss the deadline(s) you risk forever losing your rights.
Being under 21 can make the charges a bit more difficult to fight when the BAC level is a .14, particularly with the DMV side of things. But it is not impossible. You may have a good suppression motion as well. Where was the officer when he pulled you over. Did you drive by the officer and he turned around to follow you? Or was he behind you the entire time prior to pulling you over?
Did the officer have you perform a breath or blood test at the police station after being arrested? or did you just do a breath test at the scene prior to being arrested (otherwise known as a preliminary alcohol screening test)?
You need to speak with a DUI attorney about your case in more detail. An attorney can help you fight your case and potentially save your license. In the event there is a license suspension, a DUI attorney can also help you apply for a restricted license so you can continue to drive to school and work.
Feel free to contact me if you would like to discuss your situation in more detail. Also, you (or your Attorney) only has 10 days from the date of arrest to request a DMV hearing, or else the DMV will take automatic action without the right to a hearing (absent certain circumstances)
Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.
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