Asked 9 months ago - Palmdale, CAFlag
Late night out driving home
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Sure, but you should shoot for a dismissal! The PD is the best alternative if you can't afford an attorney. They are just so busy that they cannot give you the time and effort your case deserves. But, you should 100% have an attorney by your side.
Before you decide to go with the PD, you should contact an attorney to see what they can offer you.
In addition to the other advice, remember, you still will have the DMV hearing to deal with. And with that, you will need an an attorney, unless you plan to represent yourself. The DMV will not dismiss the case with a .08. It will need to be argued, and the PD will not be able to represent you at the DMV hearing. Make sure you request the DMV hearing within 10 days from arrest.
You can try to get it dismissed with the PD. But if you have the money you should really hire private counsel for many reasons. The PD is for folks that are poor and cannot afford an attorney. The benefit of private counsel is your ability to chose your lawyer and meet with them without undue delay. Most courts allow private counsel to appear on behalf of their clients so that way you don't have to go to court.
In CA you can be convicted on two (2) charges: 23152(a) driving under the influence, and that can be as low as .05%, and 23152(b) driving with a .08% or greater. Even if you can show that you are .07% at the time of testing at the station, if Preliminary Alcohol Screening (PAS) test was higher in the street, they can argue that you were coming down and higher at the time of driving. So, you certainly need a lawyer, and you do not want a Wet Reckless with this type of case, lower or dismissed. As for the DMV, your lawyer should know how to get that action Set Aside to keep your license. I am in Northern California, but in your area, I would recommend Richard O. Middlebrook in Bakersfield, CA. 661-636-1333
You gave no basis for 'lowering' other than to try to argue for a 'wet reckless' which is sometimes available if you were under .08 in otherwise 'weak' cases the DA wants to get a plea bargain on. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I’ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.
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