Skip to main content

Possibility to get this 2nd DUI dismissed? Even with a public defender?

Long Beach, CA |

i was driving back home to Vegas from long beach with my fiance. tire blew out on us, She decided to go in the car to sleep while i tried to fix the flat and wait for our roadside assistance, CHP pulled up and arrested my fiance for a DUI. She was asleep in the drivers seat. There were no keys in the ignition or in the car. Keys were never recovered. As they were taking her, i asked if i could finish replacing the tire and be on my way or continue to wait for my roadside. he asked if i had a drivers license, he took it but came back and said CHP had a contract with a towing company and dropped me off at a motel. Also, we are both registered owners of the vehicle. She's on probation for another DUI in Vegas. Funds are low for us, trying to see our best options i guess. with no jail time

Attorney Answers 10


  1. You need to consult with an attorney who handles these kinds of cases. S/he can guide you through the process.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  2. Right out of the gate it sounds as if you may have some good facts for your defense. Every DUI is different and a lot will depend on the reports, admissions, alcohol concentration, and a host of other factors to determine how the case will shake out. The location of your court will also have a bearing. Driving back from Vegas can put you in a few different counties. Which court is your court case out of?

    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. Is there a possibility? Absolutely. She was not driving. You were. How the heck did police decide that she was the driver if you told them otherwise? I certainly would like to review the CHP report for that issue, as well as whether the time of last driving is noted as being within three hours of the breath or blood test for your wife (assuming even that she was driving).


  4. Yes, but substantially better odds with a private attorney. Unlike in other states, you have to actually drive the car (cause it to move) to be guilty of DUI. She didn't commit the crime. Don't let her plead guilty. If the case isn't dismissed, she has to go to trial and you need to testify to the fact that she never drove the car.


  5. Sounds like a case to fight. Your girlfriend has some serious issues to deal with.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY


  6. If you were driver, and no driving seen, you have a good chance. Yes the Public Defender can help you. Getting a PD however will depend on your financial status, but they can do a great job. If everything you said is true, you have a good case.


  7. I like your set of facts. It may be difficult to get the case dismissed, but it is possible so don't expect it to be dismissed outright. You may have to fight for it. Not certain where this happened, but if you live in Vegas and have to come back to California for several hearings, then it may be worthwhile to retain private counsel. The advantage in having private counsel is that your fiancee will not need to appear for a misdemeanor DUI if she is represented by private counsel. Therefore, she doesn't have to jeopardize her job or her income. I wish you and your fiancee the best and hope everything turns out her way.

    Michael K. Cernyar, Esq.
    "For Your Freedom Because Sometimes Good People Find Themselves in Bad Situations"

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  8. I certainly sounds like a good case. I am curious about what was said at the scene that made the officer conclude that she had been driving. Since she was in the passenger seat, the logical conclusion was that you were driving. If you called for roadside assistance, why were you trying to change the tire? It sounds like the cop just did not believe you. It seems odd, something does not add up. Anyway, if you can, hire a lawyer. If not, go with a public defender. Good Luck!


  9. If funds are low then your best option would be to have a public defender appointed. It's unclear from your question why the officer would assume your wife was driving. Either way it sounds as though there is a good "no drive" defense to the DUI. In my experience here in Sacramento the District Attorney will not dismiss a DUI short of a motion to suppress evidence.


  10. Wait - you were driving, but they arrested her and not you??? Ok, that's a good case!
    Also - they impounded a car even though a registered owner is standing right there??? Did they do any sort of DUI exam on you (eye test? PAS device?) Sounds like your vehicle may have been improperly seized.

    You stand a good chance of dismissal if the facts are as you relate them.
    Good luck.

DUI topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics