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Being charged with a DUI but I was outside of the vehicle but admitted to driving? Why am I getting more jail time?

Los Angeles, CA |

I had a couple of drinks and got behind the wheel but pulled over when my car started to smell. I was the one that flagged CA hwy patrol for help on foot, when asked if I had been drinking, I said I had drank a cup of vodka. According to the report I was being defensive stating I wouldn't cooperate, pleading the 5th and refusing the sobriety test so I was arrested. I also refused the chemical test at the station stating I needed a lawyer and spent the night in jail. No BAC was ever recorded. I did say I had been driving and my passenger did tell the cops I had been drinking too but never asked around what time we had drank. I had my arraignment where they want to give me 2 more days of jail time. I know implied consent applies but can't I just get a reg DUI fine? My PD did nothing for me

Because I did not agree with spending 2 more days in jail, I pleaded not guilty and have another court date scheduled for 01/08/13 I am willing to commit to a lawyer if you accept payment plans as I'm a grad school student, I do have a very stable job, just don't have 4-6gs up front

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Attorney answers 6

Posted

In order to get where you want to go your going to need to hire your own counsel here. You have some good defense issues per the driving, but its unlikely the PD is going to go the extra mile that's necessary here. You should consult with a DUI practitioner.

Posted

You may want to hire a private attorney. The issue is the refusal. Since you refused the chemical test after you were arrested there are enhances penalties. The CHP officer if they did their job correctly should have read to you the consequences of a refusal. Many times that can be worked out with the DA but it is a fight. Also if you were not successful in the DMV action you will lose your license for a year.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

Posted

I hope you only went to court once, and didn't plead guilty. Now is the time to hire counsel to discuss your case and represent you.

Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.

Posted

In Florida, corpus delecti must be established prior to any admissions. That means that either the officer saw you drive, or you were in an accident, and police can establish your driving through that means. Otherwise, a misdemeanor crime must occur in the officer's presence.

Robert Laurens Driessen

Robert Laurens Driessen

Posted

That is not California law.

Posted

My colleagues are correct - you need an attorney on this. The problem is a refusal to take a chemical test is treated as essentially an admission you are DUI. This is a non-testimonial crime in the sense that the results of a chemical test speaks for itself. Your BAC has no independent right to remain silent and no Miranda warning is required before a chemical test.

That is why you are looking at extra jail time. Plus your admission to driving and the fact you were, I presume, by your car when you flagged down CHP, places you behind the wheel circumstantially within a short time prior to the contact with CHP.

There are thus a variety of issues to be addressed. Call me if you would like my assistance. (213) 324-4206.

Posted

If you are not satisfied with the representation that you are receiving you should retain an attorney. Most attorneys offer a complimentary consultation. Interview a few and choose one that you like.