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In a DUI case, while negotiating a plea, does the lack of PAS results guarantee the charges be dismissed?

Riverside, CA |

BOB is arrested for DUI and brought in, given blood test and jailed. BOB was never given a PAS preliminary screen in field. Police report states BOB was gives a PAS, but report shows no result, and no result from a PAS exists in evidence. How would this help BOB negotiate a DRY RECKLESS or work a HELMONDOLLAR PLEA with the DA?

Blood test result showed 0.09 result. DA is already open to wet reckless, but BOB believes his case is strong for wrongful arrest due to no evidence of intoxication. ALSO: Have any of you attorneys ever requested a blood sample be retested by a private toxicologist and had the results differ from the initial pull? Or won a case using the "on-the-rise" defense?

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Attorney answers 5

Posted

It does'nt. If you are looking for a reduced plea and a signed order from the Judge indicating that your BAC was below .08%, there must be evidence in your favor suggesting such. What was your BAC per the blood test? The PAS is irrelevant to your situation unless the result shows a BAC below a .08% in which case it will help your argument. If you were not given a PAS, that fact does not help you. You are not entitled to a PAS and the PAS is nothing more than an "investigative tool" aimed at helping the officers decide if you are under the influence. Furthermore, the PAS is not a very accurate device for several reasons. To get the plea you want you will need to get evidence via a toxicologist to prove that your BAC was below the .08% at the time of driving based on your drinking pattern and calculating from the blood test BAC.

Debra S. White, Esq.
866-663-7778
debra@bestduidefender.com

Los Angeles DUI Lawyer
California DUI Defense Attorney

This answer is based on California law and procedure and does not create an attorney-client relationship.

Asker

Posted

If the PAS showed under the limit, and the officer did not note down the number purposefully then he wins?

Debra Sarah White

Debra Sarah White

Posted

No, but you don't win just because you "said so". Hire a toxicologist and gather any other evidence in your favor to argue rising BAC. File a request for any printouts that may exist on that PAS device.

Asker

Posted

I may retain your services if your available for a case in the valley.

Debra Sarah White

Debra Sarah White

Posted

Please feel free to contact me to schedule a time to meet. My main office is in Encino. (818) 609-1800.

Posted

Depends on the DA, or the DA's office policy. And depends on how close the BAC numbers are to the legal limit, driving pattern, field tests, etc. Also may depend on a possible rising defense, depending on certain objective signs, and how much you would raise per standard drink, what what told to the officer, etc. Lots to get into.

Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.

Asker

Posted

That is good advice, so your saying there really are no constants in a DUI case?

Eric Paul Ganci

Eric Paul Ganci

Posted

There may or may not be some things consistent (how's that for a non-committing legal answer!). Some things that may be consistent are: the standard sentencing before trial, how the prosecutors negotiate based on certain BACs, how certain officers or experts may testify based on prior reports of testimony. And the objective science--some scientific testimony should not change, but again you may be dealing with some slippery experts who may not understand the science from the crime labs.

Posted

BOB doesn't negotiate squat. BOB hires a lawyer to negotiate. Hopefully, BOB asked for a DMV hearing within ten days to save BOB's license from getting suspended. A dry reckless is very rare on a DUI. However, the fact that there is no PAS will help you do a rising blood alcohol defense, because the PAS is usually what they try to use to deflate that theory. You should be discussing the particular facts of your case with your lawyer and only your lawyer. Good luck to you.

Asker

Posted

I am asking these specific questions to help me in choosing an attorney to represent me. I want someone who is educated and wins, rather than someone who promises me the world (a lot of attornies have done that previously)

Asker

Posted

Spelling- sorry

Posted

Bob needs to call Manny Barba's office and do whatever he says. http://www.barbalawyer.com/

Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.

Asker

Posted

Manny Barba needs to fix his mobile formatted website so BOB can visit the address posted. :-)

Posted

I wish.

Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice. If you wish specific help in any criminal case in San Diego, contact www.sandiegodefenders.com for a free consultation. For help with any criminal case in Los Angeles County or the surrounding areas contact www.dslosangelescriminallawyer.com