I was just found guilty on the B count by a jury in Compton court. I learned a lot during that trial, including how a lot of factors could affect breath instruments. Mental impairment always comes first, before physical impairment, in a DUI case. I was pulled over at 2:20 am. I blew a .12 on the PAS and .10 at the station an hour later. I had just eaten greasy and spicy street tacos, the police officer claimed he saw an object dangling from my rear view mirror a football field away, and saw me doing 35 in 25 zone (yeah right). My lawyer even went through step by step on a chart with the officer, and I was near perfect on all FST (perfect on mental part). I have GERD, and we were not allowed to say so during trial (discovery problem I think). Officer also testified I was veryAlert and aware
You haven't asked a question. Your attorney can file a motion for a new trial and/or you can appeal.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
You're probably no worse off than if you admitted the "b" count. Sounds like you were .08% or over when you were driving. Did you have a question or are you just here to gripe?
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Do me a favor and ask your attorney POINT BLANK - "in your professional opinion, do you think i was above a .08% at the time of driving"
See what he says, sir.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
A notice of appeal from a misdemeanor case must be filed within 30 days of the judgment or you forever are barred from appealing. You mite also consider a motion for a new trial. Sounds like your attorney gave it his all. Talk to him about the next steps.
You have 30 days to file an appeal on a misdemeanor. DUI's are very tough and Compton tries cases even on .05 for impairment. Your blood alcohol was way above the legal limit even though you passed the FST's with flying colors. Maybe the appellate lawyer can find something wrong with the initial stop by the cops (that would generally be a 1538.5 prior to trial) which suppresses the evidence if the stop was not valid or legal. VLC
This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.
As the other lawyers have said, the Notice of Appeal must be filed within 30 days of sentencing (judgment). One area you may want to explore on appeal is whether or not you were prevented from putting on a defense - specifically, were you prevented from showing that GERD skewed the breath alcohol results? You should consider hiring an attorney who specializes in DUI appeals to review the records from your trial. You would have to request that the court reporter prepare the trial transcripts, which could be several hundred dollars depending on the length of trial. But that is really the only way to know whether or not you have a solid appeal.
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