I was arrested for VCM23152(A) in 10/18 (21 years old). The incident occurred when I crashed my car pulling into the parking lot of my hotel that I was staying at. I noticed a gate guard on the phone & asked who he called = 911. I decided to go up to my hotel room for water & charge my phone because it was dead. Long story short, the cops arrive & I met them in the lobby to speak to them about the car. Initially the cop said this was a hit & run felony, alcohol on my breath, & proceeded with the HGN test. She said I failed & took me to do field tests that I disqualified for due to medical condition. I chose a blood test & I was arrested & charged with the DUI but made very clear not the hit & run. 3 months later, blood came back at .05 BAC, & I was charged with both VCM23152(A) & (B), prevent dissuade witness victim PCM136.1(B)(1), & hit & run/property damage VC20002(A).
Why both DUI's if my blood is .05? Me asking who the guard called is misdemeanor? I told the officer I had car trouble causing the crash and I have the paperwork from four months ago validating the repairs. What are the chances these charges hold up? Potential plea bargain? Arraignment 02/07 represented by lawyer
If you have a lawyer you need to direct these questions to that lawyer.
Further, you can be arrested and convicted of a DUI with a.05... People don't realize that.
I am licensed attorney in Washington and California who focuses 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.
These are questions for your lawyer, he/she will have the evidence the State plans to use in its prosecution and will be better able to address the issues that can result in reduced or dismissed charges.
This answer is not legal advice, it may not even be relevant to the question answered, it definitely is does not establish an attorney/client relationship.
There are several potential issues with the government's case against you. If you have already hired a lawyer, you should ask him/her these questions. Regarding the .05, the government may argue that your BAC was higher at the time of driving than it was at the time of the test. The defense may argue that it was lower at the time of driving. These inquiries are very fact-specific. Your lawyer may be able to negotiate a deal to drop the hit & run and witness dissuading charges for a plea to the DUI, but that might not be the best resolution. HGN may not be accurate after a crash, depending on additional facts. Lots of issues here, for your lawyer to look into.
I am an attorney, licensed in the State of California. This answer is for educational purposes only, and is not legal advice; it may not even be relevant to the question answered; and it definitely is does not establish an attorney/client relationship.
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