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Convicted for dui with a refusal

San Diego, CA |

Is there any way on this earth to get a restricted license for work purposes?

I tried to fight it in court and all 12 jury members said guilty. It was weird though because The jury deliberated for 2 .5 hrs. just after 2 hrs the jury had a question that they wrote on a piece of paper and the judge read it to counsel on record. The question was: " can we find the defendant not guilty for DUI but find him guilty for refusing the the chemical test?" The judge wrote back " NO" and sent it with the balif to deliver it to the jury. 10 minuets later they came back with a guilty verdict. I believe that the jury miss understood the judges answer and that is why they ruled Guilty. There was a lot of evidence " eye witnesses " that saw me as the passenger of the car.

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Attorney answers 6

Posted

Not if you have already been found to have REFUSED either at DMV or in COURT. If you have not been found to have refused yet... it is a technical area and an attorney may find a problem. Worth a shot since refusing to take a chemical test in a DUI case is right up there with Robbing a Bank in California !!!

Posted

It may be tough. What does your attorney say?

Asker

Posted

Nothing yet.

Posted

Was there a factual finding of a refusal?

Asker

Posted

I guess they all said guilty.

Douglas Holbrook

Douglas Holbrook

Posted

You don't have to guess...they obviously all did. However, I have some concerns about how the judge handled the question. Have you spoken to your attorney about this issue?

Asker

Posted

I phrased that wrong sorry. I meant I guess there was a factual finding of a refusal because the said guilty for dui & guilty for refusal. This all just happened Friday my attorney said for me to call him tomorrow. As soon as we heard the question even the prosecutors were preparing there congratulations to my attorney. It was quite a shock to hear "guilty" My attorney didnt object to the answer because it seemed like a no brainer. We didn't think about the impact it would have on the layman ears of a jury.

Douglas Holbrook

Douglas Holbrook

Posted

Talk to your attorney to see if he feels that there may be an issue for appeal in how the judge responded to the question from the jury.

Posted

Not likely.

Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.

Posted

Assuming you have not been sentenced, or have been but the sentencing was within 30 days ago, consult with a locally experienced criminal defense attorney ASAP.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

Posted

An appeal might be in order. Without knowing more facts, it is impossible to say.

I recommend going over the situation with your trial attorney or seeking new counsel.

Good luck!