CHP pulled me over and said I ran a red light. (I did not. The light turned yellow as I was passing through) the officer asked if I had drank I said yes although I stopped at 12am and had eaten. (It was then 2:30am) he asked me to step out of the vehicle and performed the sobriety tests which I had no issue with. The officer would not show me what I got on the breathalyzer even though I asked him twice. He just kept repeating "you blew a little over." About 30 minutes later at the station I blew a .06. I spoke to an attorney and they said the officer probably wanted to take the chance that my BAC would be higher at the station because if I had lied about when I had stopped drinking I would still be metabolizing the alcohol. Do I have a case?
Perhaps. Given what has been stated here, there are several issues that may be exploited by a trained and experienced attorney who has a well qualified forensic expert to aid him/her.
Only a thorough and detailed review of the case can say for sure. Good luck.
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Do you have a case? The question is does the prosecution have a case? A breath test of .06 is far better than .10, but it's not the end of the inquiry. You could still be charged and convicted of VC23152(a) even below .08%. Your prospects are better than most, but you should nevertheless retain and experienced criminal defense attorney. Good luck.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
You should definitely meet with an experienced criminal defense attorney who handles DUI cases. And if they took your license and gave you a temporary license, you must call the DMV within 10 days of your arrest to schedule a hearing about your drivers license to stop the automatic suspension until the hearing can be held. If you are asking if you have the basis for suing the officer or the CHP, absolutely not. If you are asking if your case can be defended, from what you have posted it appears that it can.
Get an attorney - especially for Pasadena. You have potential defenses. You still can be charged under 23152 (a).
ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
what you have said leads me to believe that you do have a defensible case. The first issue is the DMV administrative action based on the point 06 at the station the officer should not have taken your license and you should not be facing an administrative license suspension. If the officer took your license and gave you a pink sheet temporary licenseyou should contact the DMV immediately there should be no DMV action and you should have a set aside as the DMV can only suspend on a good stop with a point 08 or greater test. As to the reason for the stop the CHP has what's called it mvars video camera. You're driving prior to the stop should be on the video it will tell whether or not you went through the red light or the light was yellow. You should contact and the tourney in your area and discuss all the specifics
Yes, you do. You should contact some attorneys to discuss your case in detail. Many of us on Avvo provide a free consultation.
What kind of case are you expecting to have? Not for false arrest because even with .06, you committed a crime pursuant to VC 23152(a). You could benefit from meeting with an attorney. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many attorneys offer a free consultation. I wish you the best and Happy Holidays.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
Absolutely you have a great case. This case will likely be dismissed or in the alternative be dismissed pursuant to a negotiated deal with the City prosecutor to a no-alcohol related traffic offense. Albert Feldman, a former city prosecutor trained all of the prosecutors in Pasadena and they all are pretty reasonable on these cases. I have had a great amount of success on borderline cases like yours there. Good court. Call and get representation to nip this one in the butt.
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