The blood alcohol isn't necessarily the end of the story, especially given your diabetes.
The breath results may or may not be admissible and you can have your blood retested by an independent lab to see if there is an issue there.
I'd be more than happy to discuss things further. My office is in Orange.
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.
There is clearly an issue with the Breathalyzer test results of .12 & .14. as well as a possible problem with the blood test. You should meet with an attorney for a free consultation. My office is in Newport Beach and you are welcome to make an appointment for a free consultation to review your case.
Any answer to questions is not meant to be con screwed as legal advise and no attorney client relationship has formed. In order for an attorney to give legal advise, The attorney would need to have an opportunity to ask specific questions from a full and complete disclosure of the underlying facts involved in the question asked.
I would be more than happy to discuss your case with you. It is also important that we arrange a DMV hearing within 10 days of your arrest, or the hearing will be waived. Please call me to discuss your case, and I will give you a quote at that time.
Here is the inside information on Harbor Justice Center. I am there regularly representing DUI clients and know the Judges and DAs well. You will likely be arraigned in Judge London's court room. The regular DA assigned there is Ms. Patel. Typically both will agree to a reduction of the standard offer as related to the length of the alcohol program in a straight forward traffic stop DUI case. However, your situation is a bit complicated since there was an accident. Glad there was no other person injured but an elevating factor could be property damage. Fortunately, Judge London can be forgiving on this issue if damage was not to severe. It is possible to get a decent offer in front of London from the outset under the care of a attorney familiar with him. Normally, in high BAC cases of .14/.15 plus his offer is worth considering. However, if you are in the lower end of the BAC barometer or have a good defense, and you may on account of your diabetes (false BAC), it may be worthwhile to set for pretrial. If so you will be sent down to Judge Massourian's court room (nice guy, new to the bench) where a pool off DAs will be waiting to wheel and deal. I generally have a good relationship with these folks and find them to be reasonable under the right circumstances. The key to getting the best result is having a good attorney who knows the players in that specific courthouse and what moves they like to make. With your high BAC you need someone who knows what defenses will work and when.
If interested in a free consult call my office. We are three blocks from the courthouse off Von Karman and offer reasonable rates. Tell my receptionist that I asked you to call on Avvo so she will patch you right through, even on my cell so long as I am not in court. BTW, as you likely know the 10 days to request a DMV hearing is ticking so either higher an atty ASAP or call the DMV to request it right away. Finally, be advised that the DA office at Harbor has been running approx 4-6 weeks behind in actually charging people so the criminal side of your case likely wont start until a few weeks after the date stated on your citation (though you must still attend on that date or have an attorney do so just in case).
Best of luck.
I practice DUi defense in San Diego. Do not give up hope just because your test was over the legal limit. An expereinced DUI attorney can often find issues that a lay person would not be aware of. For example, diabetes in a particular phase can produce acetone which can be mistaken by some tests for drinking acohol. I refer all my Orange County and Los Angeles DUI cases to DS Criminal Law Group. Visit www.dslosangelescriminallawyer.com
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
If you're still looking for a criminal defense attorney, don't hesitate to give me a call to set up a free consultation. Not only is my office directly across the street from the Harbor Justice Center (and I'm there all the time), but as a former Deputy District Attorney, I know exactly what the prosecution is looking for and how to present your case for the best possible defense. I have a perfect 10 on Avvo (as you can see from my profile), I focus 100% on criminal defense and DUIs, and OC Metro Magazine ranked me as one of the top 5 DUI defense attorneys in all of Orange County (August 2011 issue).
There are a number of knowledgeable experienced attorneys who are very familiar with both J. London-the court that you will be arraigned in and J. Mansourrian the pre-trial court. Look on avvo for DUI attorneys in Newport Beach.
You want an attorney whose practice is exclusively criminal law.
You also want an attorney who has tried cases and is not afraid to take your case to trial if necessary.
You need to schedule a DMV hearing within 10 days. The attorney can always change the date.
Interview a number of attorneys and go with the one you feel most comfortable with as opposed to the one that promises you certain results. No-one can promise you a certain result, however a qualified attorney can give you a good analysis of your case.
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