I pulled over on the side of the highway and accidently fell asleep. Chp then found me and arrested me because I tested .08% Police report does show that they have a witness that called me in when I was pulling over to the side of the highway and accidently cut her off. Officers searched my car without my permission but did not write it in the police report. They also never read my miranda rights to me. How bad does my case look even if I wasn't driving when they found me? And what can help me win my dmv hearing?
Your case is definitely beatable for a number of reasons, not least of all because your tested BAC is right at the state limit of .08. Having said that, the best thing that will help you in winning at the DMV and in court will be to have an attorney represent you. Frankly you stand little chance of winning a DMV hearing without an attorney. This is neither fair or right but DMV hearing officers are not lawyers but they respect lawyers far more than they respect persons accused of DUI. DMV officers want to take your license, you must have a lawyer who gives them a very good legal basis for not doing that. Hire a DUI attorney in LA. Good luck.
As mentioned, a good DUI defense attorney can help you win your DMV hearing.
Of the things that you mentioned that help your defense(s): your .08 BAC along with the fact that you were not driving at the time of the stop.
As for Miranda, Miranda has very technical points that even experienced attorneys do not comprehend or cannot explain, so you more information would have to be obtained in order to give you an honest assessment regarding Miranda and if those rights were actually violated.
Keep in mind, the police report has details regarding your FSTs (if administered) and the results of any other chemical tests that an attorney would need to examine in order to give you a full assessment of your chances.
You've got some facts in your favor. However, the bottom line is that the best thing that can help you win your DMV hearing is an experienced DUI attorney. Use avvo to find a few that practice in the area near where the case occurred, and give them a call. Most will offer a free consultation. Best of luck.
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