I have no DL and got a DUI for 0.05 or more. The officer violated multiple procedure which makes me feel like I could win.
No chemical test rules were read, I asked for clarification and there was none.
I did not refuse tests.
I showed room where results could be tampered with that caused "probable cause"
I was vocal about these issues so they could understand but they did not care.
I was hostile in taking the chemical test but proceeded to be "cooperative" when I asked information for clarification he stated I talked to much.
- I wanted to know consequences for refusal - Why I was required to take the test - Concerned because I already showed proof that I broke the zero tolerance law but he did not clarify still and simply responded "they will force you if you refuse."
Yes, schedule the DMV hearing as soon as possible. I recommend you use a lawyer who has experience with DUI's. When you schedule the hearing you should asks for three things. 1. you want the hearing in person, 2. you want discovery and 3. you want a stay on your drivers license (even though you do not have a license.) Do this within ten days of your arrest. The other issues should be discussed with a lawyer. It appears you might be under 21, thus it is crucial that you fight this because you are looking at a 1 year license suspension if you are under 21.
First, you should request the hearing regardless. You have 10 days from the date of arrest to request the hearing, if you do not request the hearing, the DMV will automatically suspend your license. Even if you do not have a valid license, the DMV can place a suspension on your record. That way if you apply for a license, you will automatically show a suspension on your record. The DMV will assign you a number beginning with the letter "x" that will be associated with your name and identifying information.
Second, a refusal has separate consequences for your license. If you refuse to take a chemical test, the DMV will suspend your license for one year and not permit you to obtain a restricted license. You were required to take the test because California has something called an "implied consent" law. Essentially the law states that as a condition of getting your license, you agree that if you are arrested for DUI, you will provide either a blood or breath test to determine your blood alcohol concentration. Refusal to do so is a special allegation that carries enhanced penalties such as a 9 month alcohol program (instead of the standard 3 month program).
My advice is to contact an attorney immediately to help you fight your case (both with the DMV and the court).
Your question demonstrates that you don't know what you are talking about. What procedures were violated? None that you mention. How was probable cause "tampered" with? You don't say. And you have the gall to argue with the cops when you don't even have a license? You're lucky you didn't get charged with something worse. Now get a good lawyer and talk only to him/her.
Request the DMV hearing. Your lack of an actual license notwithstanding, the hearing involves your PRIVILEGE, as oppossed to evidence thereof, to drive in CA. Therefore, if it stands to be suspended for an extended amount of time, it behooves you to be involved in the process.
Hire an experienced DUI attorney to handle your DMV matter. A public defender will not. You can deal with the DMV on your own, but you'll lose. You have 10 days from receipt of notice to respond. You can appear in person or by phone. I recommend you appear in person and with your attorney who knows the ins and outs. The worst thing that can happen is for the DMV to issue a suspension order and you're subsequently acquitted.
As far as the actual hearing, the hearing officer will be considering 3 things:
1. Whether the officer has reasonable cause to believe that you were driving under the influence.
2. Whether you were lawfully detained.
3, Whether you refused to submit or did not complete the chemical test.
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