How to Avoid Losing Your California Drivers License

Posted about 5 years ago. Applies to California, 1 helpful vote

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1

What To Do Before You Meet With Your Attorney

After getting out of custody, besides picking up your car if it has been towed, it is very important to write down everything that you can recall from the day or night of your arrest. It is much easier to recall the details when they are fresh in your memory, rather than later when you are back to work and resuming family life. The detail you provide may help the attorney with issues and facts to help on your case to avoid receiving a conviction or losing the license. There are primarily three ways the police analyze your case: driving; getting you out of the car to do human roadside balance and coordination tests; and determining what level of alcohol is in your system. There are ways to challenge the information which the police gave to the prosecutor to use against you. The particular defenses you may have in your case will be discussed during the initial consultation. You may not have to appear in court if a misdemeanor filing is made. A felony requires your appearance.

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You Have the Right to Remain Silent

Our constitution authorizes a person accused of a crime the right to remain silent. As a practical matter, there is nothing that you can say or do which will convince a police officer investigating you for some kind of wrongdoing, that you did not do what they suspect you of doing. It's like proving something didn't actually happen. A false negative, a statement taken out of context, a biasness against you just because you were stopped by the officer. Don't be disrespectful or confrontational to the officer, but YOU HAVE THE RIGHT TO REMAIN SILENT. USE IT!

Additional Resources

DUI Queen

Orange County Criminal Law

California DMV Law

San Diego DUI Cases

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