I was accused of DUI in Los Angeles County. The main facts I have in my favour are:
1. The police did not actually stop me because my car was out of gas.
2. The car was not turned on.
3. The keys were not in the ignition.
4. The police can not prove when I stopped driving.
5. The police can not prove if I was driving.
6. The police can not prove when I ran out of gas.
7. The police can not prove when I last drank alcohol.
8. I was not offered the opportunity to take a blood test, I was told I had to take a breathalizer.

I wonder if I have a reasonable assumtion that I can fight this charge or plead to something lesser.

Thanks

Hi,

I am not a lawyer and am not familiar with the laws of Los Angeles, but from what you said, it sounds like you should never have been charged.

How can you be charges with a DUI when you weren’t driving and they keys weren’t in the ignition?

You will need lawyer to represent you on this, and perhaps he/she will know the legal answer, but I think you are in a good position for an acquittal.

I know in Oregon they offer a deversion course for first offense, takes a year, and when completed your record is clean. I also know from defending my daughter for MIP that who ever gives the breathe test must be certified and the machines must be calerberized regularly and they must be able to show it is. I won my case for my daughter by reasearching the laws for breathilizer testing. You can writer the FCC for a free booklet on all the requirements.

Was accused of DUI in Los Angeles County. The main facts I have in my favour are:
1. The police did not actually stop me because my car was out of gas.
2. The car was not turned on.
3. The keys were not in the ignition.
4. The police can not prove when I stopped driving.
5. The police can not prove if I was driving.
6. The police can not prove when I ran out of gas.
7. The police can not prove when I last drank alcohol.
8. I was not offered the opportunity to take a blood test, I was told I had to take a breathalizer.

If you were in an area where your car broke down ( ran out of gas) there was no one else around that could be the driver and you have not offered any evidence that there was a driver,

They may look at position of the vechile, if perhaps the engine was warm or hot. If you are on a deserted road by yourself in your car, in the drivers seat, that may well be enough. Also you may have well "told them that hey I ran out of gas" when they pulled up, that would have been a confession that you were driving.

They don't have to prove when you drank, when you took your last drink or even what you drank. Only that within so many hours of driving your alcohol was at a certain percentage. Also if you were "out of gas" for a longer time, that is actually worst for you, since you would now be more sober.

If the keys were in your possession that would also prove the car was in your possession, actually in the key hole would have been a lot better than in your pocket, since you could have proclaimed a mystery driver went for gas.


You have normally a right to ask for a blood test, but they don't have to give you a choice ( at least in any of the areas I have worked with the court systems) IF you wanted to challenge the breath test, you could ask for a blood test.

Honestly, if the person doing the test is certified, he will be right on the mark and it can and is used in court.

Now if you want to beat it, hire the most expensive attorney who is specialized in DUI defense.

They will look more at other areas, is the officer who stopped you certified and is his certification up to date on field subority. Is his state POST certification up to date. Is the person who who did the breath test certified, is the machine currently up to date in its certification.

The lawyer will requrest a ton of paper work hoping they will not supply something needed, or perhaps something will have a glich in the paper work.

And in the end, they may even ask for several new court dates, hoping that the arresting officer does not show up one day for some reason.

In the end, if no way to get you off, will try to get it where it will not show on your record after some classes and the such.

Hi,
Please talk with a lawyer. Not doing so might have you convicted.
If you show up in court without one, you will probably be expected to know all the court rules, etc, while representing yourself.
Best of luck.

Hello mclarson:

You may very beat the charge, but not for the reasons you cited. The Padre is right, if you go to court without a lawyer and use this defense, they'll nail you.

Hire a laywer. Do not go to court unarmed, because your adversary will be VERY WELL armed.

excon

I will add this very well, I have personally been in court room after court room and watched dozens of DUI people come in and out ( and far too many return)

Now I will be honest, I would like to see anyone on a DUI arrest spend 6 months in jail first time and lose their licence for another year after that, no other choice, since they kill innocent people, some who were close friends of mine. They are a big danger and most will not admit their error and correct it, even when caught.

But in our court system today remember it will be your word against the police officers word, and guess who the court almost always believes.
Second unless under their rules he was allowed to ticket you most likely he would not and he believes he is doing society a favor by doing so.

Next drunk people almost always say stupid things they don't remember that is used in court against them when trial comes, the officer may even have you on film by your car acting very silly and drunk. These types of films from the police car along with most often recordings of what you say, (while funny) are normally all the court needs to see to find you guilty. It may not prove anything but it normally is enough to show what level of behavior you fall to when drinking.

A good lawyer knows all the loop holes and I have seen them get the most guilty off or at least plead down.
But I will say this, some judges ( a lot can depend on what judge you get) may have personal adgenda about drunk drivers, and will have no pity.

Remember a lot will depend on the person presenting the case, how the judge feels about this crime and if the police officer shows up for the case.
Beyond that without a lawyer you will be found guilty believe me

Given what you've said in your post, technically, going strictly on the letter of the law, you're probably not guilty of DWI. However, if the arresting officer appears in court and testifies that you were found behind the wheel of your car and your breathalyzer results exceeded the legal limit for your state, you'll probably get convicted. Only an extremely liberal judge would be inclined to acquit you beacues of the technicalities you mentioned. Talk with an attorney and follow his/her recommendations.

My buddy was driving, we ran out of gas, we went looking for gas I went to one house he went to the other. On my way back to the truck, cops pulled up, I was pretty drunk so I turned left and walked into a cornfield.
My buddy threw me under the bus, claimed I was driving, and I got chewed on by a pitbull the cops sent in to the cornfield after me.

Now I am charged with dui and r & o, they have no withnessess, and no video, how can I fix this?

Hello p:

Quote:

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how can I fix this?

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Hire a good lawyer.

excon