I was arrested for dui car accident with no insurance. i hit another veh minor injuries. what step should i take before court?
4 attorney answers
You should consult with an attorney in your area. Go to www.califonria-dui-lawyers.org to find one. Your case could be charged as a DUI causing injury - a misdemeanor or a felony.
As I am not licensed in your state, I can only provide you with general information. I would suggest that you immediately contact and hire a competent DUI defense attorney and follow his or her advice.
You unfortunately had a motor vehicle accident and may be facing possible misdemeanor or felony DUI charges. You want to know what the possible penalties are and what you should you do. You need to know what you are facing. You are scared and do not know where to turn. Help is here at AVVO.
Felony or Misdemeanor, the Need to Retain a Qualified California DUI lawyer
Even a low BAC in a serious DUI accident with death or injury could get you in big trouble. You require a professional approach to draw them out properly so that you don’t lose every step of the way - an approach like that of a California DUI attorney. California DUI police sometimes do not follow rules or procedures. A California DUI attorney can see to it that you are protected yet proper steps are taken to ensure the victim situation is handled properly. Be careful as California DUI attorneys just cannot make mistakes which could affect your freedom and license. In California, a BAC — blood alcohol content — of any amount may be a big problem, particularly if an accident. Your California DUI attorney might be able to cut you a deal so you can avoid prison and/or a felony and many harsh penalties. Excellent questions to ask when searching for a California DUI lawyer: What are his or her California DUI attorney's qualifications? Is he or she a Specialist?
Since the police did not see you driving at the time of the accident, you may have some defenses.
Ask yourself: 1) Did California police officer actually observe the person driving the vehicle? 2) Does the officer have first-hand knowledge of the person driving? 3) Was the vehicle lawfully parked when the officer arrived on the scene? 4) Is there a reliable witness who can actually identify the person as the driver? 5) Could there have been another person driving? 6) Can competent witnesses establish the vehicle moved within 3 hours of the chemical test? 7) Is corpus delicti for a DUI offense (actual driver + driving of vehicle, etc.) established? 8) Was the warrantless DUI arrest lawful? California Vehicle Code section 23152 (DUI) requirement "to drive a vehicle" means there must be evidence of "volitional movement" of a vehicle. A misdemeanor arrest without a warrant is permissible only if a public offense occurs in the arresting officer's presence. Because the officer who arrested the driver did not see the vehicle move, the driver was not lawfully arrested (Mercer).
First thing...contact an experienced DUI attorney.
Second...don't talk to anyone about the accident before talking to the attorney, especially any insurance companies, or worse, the police calling to get more information, acting like they are your friend (they are there to get any additional evidence to help convict you).
Third - contact the DMV if you want to keep your license. You normally only have 10 days, counting the date of arrest (Calendar not business days) to request the hearing. Even if you don't thing you are going to fight the DMV (you are in 2 cases, one the DMV, and the other the criminal DUI) - sometimes your attorney can get great evidence from the DMV to assist you with the court.
You are looking at a potential FELONY since injuries are involved (even minor...I've seen the government charge felony from just a seat belt bruise).
Summary-Call an Attorney, Call the DMV, and keep quiet to anyone but your attorney. You may want to go take pictures at the scene before it changes (talk to your attorney about this).
California DUI Attorney