Plus I leave on a gated community, the officer was patrolling the area, he pass by my car ask what was I doing I said getting some papers from the car he ask if I was drinking I said one 24oz beer he did the test and gave me a DUI for 0.8.2. The c...
You have a very good defense given the facts as presented. California, with certain exceptions i.e. auto accident, is a volitional movement state. This means that the element of driving can not proven by the prosecution absent movement of the vehicle. There are two California specific cases on point called Music and other Mercer which detail the above specifically.
There are additional great defenses to present with the low level BAL of .082% which make prevailing at the both the Department of Motor Vehicles Hearing and in Court a likely result. Don't forget you only have 10 days to request a DMV hearing or you will be automatically suspended.See question
I would like to get video/audio evidence from the police vehicle and all documentation from that night including police reports, hospital blood draw records and any other information I may need.
California Penal Code section 1054 governs discovery in criminal cases where the documents sought are to be produced by the proseuction. This is not the exclusive method for obtaining documents which may help your defense. Other avenues include Freedom of Information Act Requests from public entities, Adminsitrative and third party subpoenas for records, and informal requests from 3rd parties who may have the evidence you seek. It should be noted that the US Supreme Court has ruled in Brady and followed in Bagley and other cases, that exculpatory evidence must be produced to you even if not requested. Therefore if the sought records may tend to prove your innocence, the prosecution must provide those to you without request. Practically, even though the prosecution has a duty to produce documents under its control and part of the prosecution team, assistance from a qualified attorney is nearly always required to avoid the pitfalls of procedural issues.See question
My friend doesnt speak english very well and he didn't know he had to request the hearing within 10 days. What can I do to help him obtain the dmv hearing? He didn't miss his arraignment date.
This is a very common question which as with most legal questions can be answered with a rule and exceptions to that rule.
In this case you must request the Administrative Per Se Hearing within 10 days after being served with the DS-367 (Notice of Suspension/Temporary Driver's License). In calculating the 10th day, the first day is excluded pursuant to Civil Code section 10. If the last day to request the hearing lands on a holiday, or weekend, the requests may be timely made the following business day pursuant to Government Code sections 6700 and 6707.
However, where "good cause" exists a delay in requesting may be excused by the DMV but, such cause must be compelling and the delay minimal and reasonable under the circustances. These requests are routinely denied and should be drafted with great care.See question