BOB is arrested for DUI and brought in, given blood test and jailed. BOB was never given a PAS preliminary screen in field. Police report states BOB was gives a PAS, but report shows no result, and no result from a PAS exists in evidence. How would this help BOB negotiate a DRY RECKLESS or work a HELMONDOLLAR PLEA with the DA?
It does'nt. If you are looking for a reduced plea and a signed order from the Judge indicating that your BAC was below .08%, there must be evidence in your favor suggesting such. What was your BAC per the blood test? The PAS is irrelevant to your situation unless the result shows a BAC below a .08% in which case it will help your argument. If you were not given a PAS, that fact does not help you. You are not entitled to a PAS and the PAS is nothing more than an "investigative tool" aimed at helping the officers decide if you are under the influence. Furthermore, the PAS is not a very accurate device for several reasons. To get the plea you want you will need to get evidence via a toxicologist to prove that your BAC was below the .08% at the time of driving based on your drinking pattern and calculating from the blood test BAC.
Debra S. White, Esq.
Los Angeles DUI Lawyer
California DUI Defense Attorney
Depends on the DA, or the DA's office policy. And depends on how close the BAC numbers are to the legal limit, driving pattern, field tests, etc. Also may depend on a possible rising defense, depending on certain objective signs, and how much you would raise per standard drink, what what told to the officer, etc. Lots to get into.
BOB doesn't negotiate squat. BOB hires a lawyer to negotiate. Hopefully, BOB asked for a DMV hearing within ten days to save BOB's license from getting suspended. A dry reckless is very rare on a DUI. However, the fact that there is no PAS will help you do a rising blood alcohol defense, because the PAS is usually what they try to use to deflate that theory. You should be discussing the particular facts of your case with your lawyer and only your lawyer. Good luck to you.
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