18 yearsold. lastnight i was pulled over around for going over the speed limit and having a light in the rear of my car out. The officer went into conclusion that i have been drinking i had told him that i did have a beer with my friends and the reason i was coming home so fast was because i had to get home by 1 in the morning for my parents. 2 other cop cars came to the seen to observe the situation. The 2nd cop that came did a test on me and i passed. then she said since im 18 i can not refuse a breathalizer test. My bac was .05 so i got a citation i have 10 days to get a hearing. ? is any way i can convince the judge of another penalty. ps. i am on alot of anti depression meds, i hv PTSD from a burn. the night of the incident i took a perscribed xanax for my anxiety (first offense)
You need an attorney to handle this for you. Driving with any alcohol in your system at age 18 gets a one year license suspension. You prescribed medications is no defense. Call me with any questions.
Criminal Defense Attorney
As you have 2 cases at the same time, DMV License Suspension and Court DUI, you need to hire an attorney for both, It is also very important that you hire an experienced DUI Attorney who regularly appears in the court where you matter is filed. This will affect the outcome of your matter.
An experienced attorney may also assist in attempting to have the court issue a Critical Need License to allow to drive to from school, work, and alcohol treatment classes. The attorney can also attempt to reduce your probation terms as well since your BAC was .05 and the legal limit is .01 for drivers under 21.
You need to immediately consult with an experienced attorney and have the attorney or yourself request the DMV License Suspension within 10 days of your arrest. Otherwise, your license will be suspended for one year.
I appear very regularly, almost every week in the Fullerton Court and all of the major Orange County Courts on a daily basis.
Should you wish to obtain further information, please do not hesitate to contact myself.
Orange County Criminal & DUI Defense Attorney
Legal disclaimer: Please note that this answer/response does not constitute legal advice of any kind or manner. It is merely intended to provide general information for purposes to aid the poster in finding answers to the question preseented. This answer/response does not create an attorney-client relationship of any kind or manner.
Under certain circumstances, the under 21 DUI may be reduced or dismissed. I would need to know more facts about your case, such as whether the officer cited you this charge as a misdemeanor or as an infraction. Either way, as with any criminal matter, do not represent yourself at any stage of this matter. An experienced attorney knows what to look for to represent you in the best possible light in order to negotiate the charge down. The officer was right as to you not having the right to refuse the breathalyzer test, since you are under 21. As with any case, your attorney will gather much information from you(including your medical history, medications, etc.), the police report, and all the evidence in order to help you get the best possible result. Your attorney can also represent you at the DMV hearing.