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DUI--Order of set aside- Got driver license back- Chance to dismiss the case in the court?

Redwood City, CA |

I got arrested under DUI while I pulled over my car and calling AAA at night--bad timing CHP showed up and had me field test and CHP thought I rejected breath test.
--No one witnessed my driving.
--I only had a glass of wine a couple hours ago.( A month later DMV sent me order of set aside and I got driver license back already as I assume my BAC was .02 or so by iphone APP BAC cal but DMV didn't disclose my BAC result)
--CHP report says, I had red eyes ( I had dry eyes and proof of receipts of eye drops prior to arrest also email evidence I was telling my friend of my eye problem)
-- CHP report says I spoke slur ( English is my 2nd language and it was close to midnight and I was tired)

I am hoping DA will drop the case. I believe my case will be dismissed in the court even convicted.

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Attorney answers 3

Posted

Sounds like the case may actually not be filed based on what you said here.

Scott David Levy

Scott David Levy

Posted

It's your burden to keep calling the DA's office to see if its files yet.

Posted

If what you have described here is accurate, it is very unlikely that charges will be filed against you. If you haven't gone to court yet, it might be a good idea to call the court to inquire if charges have been filed against you. Good luck.

Jasen Nielsen

Posted

The DMV administrative action and criminal charges in court are seperate.The DMV granting the set aside is good as that generally means that your BAC was under a .08. The police report of blood shot eyes and slurred speech is meaningless as police put that in almost every report. I have to assume that your breath test refussal refers to the PAS preliminary breath test in the field and not the evidciary test nd tht you took a blood test as you do noyknow your BAC. This case sounds like it will be a reject by the DA and noy filed.