you really need to get a good DUI warrior in San Jose the violation of
probation is appointment 01 standard the DUI can be charged even though 07.
If you're successful in contesting the Stop everything goes away an
experienced DUI lawyer will know how to handle this case
Was your first DUI out of San Jose? Given the reason the officer gave for pulling you over, San Jose will more than likely charge you with driving under the influence of alcohol, the "a" count. It also sounds like further investigation is necessary as to the reason the officer pulled you over. San Jose DA's can be a bit stubborn/challenging, so I strongly recommend you consult with a DUI attorney in that area. I practice there, and offer, like many, free consultations.
I agree.. was it CHP who initiated the stop? They usually have "video" of the stop. An attorney may want to file a suppression hearing under 1538.5. Also, hire an attorney now and they will help by attempting to prevent this case from even being filed. The DA can as mentioned proceed on the VC23152(a) count as well if they believe you were impaired. Good luck and get an attorney! The DMV will likely set aside any suspension at this time but you need to set the hearing.
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