53 Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU
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5 things the District Attorney does not want you to know :
- He does not have all the witnesses available to prove his case.
- He has exculpatory evidence which would prove your innocence.
- You have a right to a jury trial within six months45 days of pleading
not guilty.
- He has evidentiary problems in proving your blood alcohol level.
- He's bluffing.
7 of the facts that must be proved before you can be found guilty:
- Your identity
- As a driver
- Of a motor vehicle
- In the state of California, while
- Your blood alcohol level was over.08 or
- You were substantially incapable of driving (driving under the influence).
or
- You were affected to slightest degree in your driving ability (driving
while ability impaired).
What you must do at the Motor Vehicle Department immediately to preserve your
right to drive:
You must go to the Division within 10 days of your license arrest
and request a hearing. It is advisable to request that the officer be present
(scroll down) at the hearing. There is a box to check on the hearing request
form. Your lawyer can enforce this right.
10 questions your attorney must ask you:
- What your itinerary was prior to arrest.
- Your consumption of alcoholic beverages (times and amounts).
- Your observations
of the officer.
- The officer's stated reasons for stopping you.
- Whether the officer asked or ordered you to take roadside tests.
- Your
performance on roadside tests.
- Statements you made to the officer.
- What the results were of any breath or blood tests.
- Whether there were witnesses to your arrest.
- Whether you were observed for 15 minutes prior to a breath test.
What are the 4 items crucial to your defense?
- A good investigation of the facts.
- Vigorous cross-examination.
- A sound understanding of constitutional principles.
- An experienced attorney.
What is the one thing your attorney must do to raise objections based on the Summons and Complaint?
Appear in person for your arraignment.
Why a jury trial is advisable:
Twelve people have to agree on your guilt instead of one.
What is necessary to get a jury trial?
You automatically have a right to a jury trial.
How the arresting officer's testimony can be discredited:
- Inconsistent statements.
- Failure to recollect.
5 requirements which must be followed for chemical and roadside tests to be valid:
- The officer must have had a reasonable suspicion that you were
violating the law.
- The officer must have either had probable cause to arrest you or needs
your consent for roadside tests.
- The officer must tell you that you have a right to refuse a portable breathalyzer
test.
- The officer must have probable cause before he arrests you and before
he requires you to take a chemical test.
- The officer must give you your Miranda rights after you are arrested,
if he is going to interrogate you.
What are the 2 key pieces of information which must be learned
in deciding to go to trial
- An estimation of the weaknesses and
strengths of the State's case against you.
- The effect of a conviction.
How to determine if you can plea bargain, and
at what step you should do it.
It's a cost benefit analysis. How much do you have
to defend your case?
What effect will this arrest have on my license and when will I
be able to drive?
If your blood alcohol was over the legal limit you may
not be able to drive at all (a suspension of your license) for up to a
year. If you refused a test, you may not be able to drive be suspended
at all for 90 days to up to a year.
If you are convicted in Court, you may be faced with a restriction, permitting
you to drive only to, from, and during work and to and from an alcohol
program. But you may apply for a probationary ('red') license.
You can drive when you have a valid license given to you by the Department
of Motor Vehicles.
How to save your license if you're found guilty in court?
Request a critical need license if you are suspended for excessive points and are underage.
What 4 preliminary motions should be filed, and the danger
to you if they aren't:
- Motion to suppress evidence on the ground that you were unconstitutionally stopped.
- Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
- Motion to suppress statements on failure to give Miranda rights.
- Motion for Discovery of all evidence.
If these motions are not filed, your case may not be dismissed when it
should have been. You may not be told about evidence which would prove
your innocence.
7 defense tactics in pre-trial motions:
Contest the constitutionality of the stop.
Contest the constitutionality of the administration of roadside tests.
Contest the constitutionality of the probable cause to arrest.
Contest the constitutionality of the Miranda rights.
Contest the manner in which roadside tests were given
Contest the use of a Portable Breath Tester.
Contest the constitutionality of any search and seizure.
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