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Should i get a public defender for my second dui? i cant afford a private attorney

San Diego, CA |

our buddys and i where at a party and we decided to leave so we got on the freeway then the car starting running out of gas he pulled over to the side of the freeway so that he wouldnt cause an accident he told us to wait it the car since we where all drunk thsi guy was taking a really long time so i grew really tired it was around 5am so i got out the back seat and sat on the drivers seat so i can recline the seat and get some rest in the mean time then this cop parked behind us all the windows where closed he came thru the passengers side and knocked on the window so i put the key in the ignition to roll the windows down he then said whats going on i told him we had ranned out of gas and that i had phoned my sister to bring us gas .they did me the blowing test they charged me with dui

I NEED A VERY GOOD AGGRESSIVE ATTORNEY.CAN ANY ONE TAKE MY CASE AND CAN WE SETUP A PAYMENT PLAN . I CAN GIVE MY CONTACT INFO.

Attorney Answers 9

Posted

If you cannot afford a private attorney, you have the right to have the public defender represent you, and the court will appoint the public defender to represent you. Do not try to represent yourself or assume you can only plead guilty. But before deciding you cannot afford an attorney, make some calls and find out the cost of hiring a private attorney.

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Posted

my first dui was within the year i was 17 at the time so it went through the juvinel court im currently on p.o, but the officers dont have proof that i was literally driving the vehicle. they never pulled me over nor did they see i was driving it any idea

Michael Jon Fremont

Michael Jon Fremont

Posted

The Public Defender does not handle your DMV issues. Only private attorneys do

Posted

Sorry this happened to you, but it sounds like you have a very defensible case and should hire an attorney to fight it asap. Borrow the money if you have to, but consult an experienced, local criminal attorney right away. There are dire consequences from both the court and DMV on a 2nd DUI office (including up to a 2 year license suspension and 18 month, 'SB38', DMV program if you lose.) And there are deadlines, so all the more reason to see an attorney right away. Good luck.

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Posted

my first dui was within the year i was 17 at the time so it went through the juvinel court im currently on p.o, but the officers dont have proof that i was literally driving the vehicle. they never pulled me over nor did they see i was driving it any idea

Posted

Yes! Is the answer to your question. If you can not afford to retain a private attorney then request the court to appoint the offices of the Public Defender. Absolutely, do NOT represent yourself. Also, please consider that you may be able to retain an experienced local attorney who will take a down payment and monthly payments for your representation.

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Posted

my first dui was within the year i was 17 at the time so it went through the juvinel court im currently on p.o, but the officers dont have proof that i was literally driving the vehicle. they never pulled me over nor did they see i was driving it any idea

Sean Fitzpatric Leslie

Sean Fitzpatric Leslie

Posted

California DUI law requires "driving" as an element to the DUI charge.

Posted

Someone who represents themselves has a fool of a client. Consider that you may be able to retain an experienced local attorney who will take a down payment and monthly payments for your representation. It seems a very defensible case.

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply

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Posted

Most defense attorneys in San Diego County understand that most people need some time to gather the funds to hire an attorney despite the fact that the courts are unwilling to unduly delay proceedings for the person to do so. That's why most attorneys accept payments. While a public defender may represent you in court, they will not handle administrative matters before the DMV. The best course of action is to find a reputable attorney wha accepts payments to handle everything together so noting is missed.

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Posted

my first dui was within the 2013 year i was 17 at the time so it went through the juvinel court im currently on probation , ( for this 2nd dui the officers dont have proof that i was literally driving the vehicle. they never pulled me over nor did they see i was driving it any idea, everything is according to there point of view no hard evidence . can you help me in taking my case

Andrew Michael Limberg

Andrew Michael Limberg

Posted

Please feel free to call at your convenience.

Posted

If you cannot pay a private attorney a lump sum, you may be able to work out a payment plan. If that is not feasible, you should get a PD.

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Posted

You need to make the call and see if you can afford a quality, locally experienced, criminal defense attorney.

Stop admitting case specific facts on public forums such as avvo.com and make sure you setup your DMV APS hearing within 10 calendar days of your arrest.

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Posted

If you meet the qualifications, the court will appoint a public defender on your case. However, many private attorneys offer payment plans or will work with you on costs.

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Posted

If you can not afford an attorney, then at least get Court Appointed Counsel. Your best option is to raise the funds and retain a DUI specialist.

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