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    persiano2's Avatar
    persiano2 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 6, 2007, 06:57 PM
    Dui
    I got pulled over last night for speeding and I had had a couple of drinks earlier in the night. Even though after taking me down to the station I tested a .06 on the first blow and a .07 on the second blow the officer still cited me for speeding which makes sense but he also wrote "Driving under the influence" if California's limit is .08 then how is that considered a DUI?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Jan 6, 2007, 07:36 PM
    Hello persiano:

    Well, he probably added them together. Lol.

    No, dude - I don't know what the cop did. You're going to need a lawyer.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    Jan 6, 2007, 07:41 PM
    The officer can try to make a case if he wants to, from your actions on the scene and any field test he did. He can try to make a case that from the time of the stop, to the time you reached the station, your BAC lowered the .01 so that at the actual time of driving you were at the limit.

    This is a very hard case to make, it would take a officer very trained in the DUI enforcement and POST certified in the DUI detection. And even then is hard to make, But it can be done, I have done a few on only field test with no breath test at all. But a good attorney would have taken the charge apart.

    So a good attorney is called for now
    magprob's Avatar
    magprob Posts: 1,877, Reputation: 300
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    #4

    Jan 6, 2007, 10:54 PM
    Get a copy of the Brethalyzer ticket. Yoy blew under the limit but you need to take it to trial. Get a good attorney!
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