STAGECOACH DUI LAST WEEK? DO YOU KNOW YOUR 20 SECRET RIGHTS?
Feb. 4, 2015
Though often referred to as a DUI criminal defense lawyer, I choose to not view my DUI clients as "criminals". I prefer to view them, and more importantly to treat them, as good, honest people that have found themselves in a scary and unfortunate situation after screwing up.
I look upon my job as protecting the Constitutional Rights of every American who drinks and drives and gets arrested for a DUI. I do however "Change Hats" when I SUE Drunk Drivers for damages to my injured or deceased clients.
Last week I asked if you were "HELD UP" at STAGECOACH? If you were "arrested" then you must know your 20 secret rights.
Field Sobriety and Breath Tests at the scene are OPTIONAL.
If no drinks for a few hours then request a Blood test at the station.
It takes about an hour for a drink to go in or out of your blood.
A DMV hearing MUST be requested within 10 days or your right to a hearing is lost and your license will be suspended.
Miranda rights are not as important as it applies to DUI questioning at the scene. The DA can make a case without anything you say and just uses the FST's (walk the line, finger to nose etc.) and the Chemical (Breath or Blood) Tests.
Silence is Golden and Handcuffs are Silver so DON'T TALK to POLICE without your lawyers permission.
The correct charge is Driving Under the Influence, not Drunk Driving. You merely have to be impaired.
The DA will ask for Jail Time on a first time DUI.
There are alternatives to jail time.
For the last 6 months the DA makes their best offer at the Arraignment. Thus aging the case, as was done in the past, may not be in the client's best interest.
A DUI TEST REFUSAL results in a 1 year CDL SUSPENSION.
DUI: filed as VC 23152 a: Driving under the influence & VC 23152 b: Driving with a BA (Blood Alcohol reading) of .08.
DUI requires both a DMV and Court hearing.
The 23152 a & b filing gives the DA two (2) bites of the apple.
A 23152b only deals with an alcohol reading of .08 or more
If you lose the DMV hearing your license is suspended for 4-5 months and if you plead in court or lose at trial your license is again suspended by DMV.......but you do not have to endure 2 suspensions.
A DUI/ Reckless Driving or At Fault accident is 2 points and Traffic tickets are 1 point.
A license is suspended if total Points are 4 in 1 year: 6 in 2 years or 8 points in 3 years
Traffic School removes a point.
The Indio court only accepts Traffic School AFTER A TRIAL (if the cop does not object).
To avoid DUI aggravation:
DON'T DRINK AND DRIVE, CALL A TAXI OR UBER.........IT IS A LOT CHEAPER THAN CALLING ME!
If you have any questions regarding this column or ideas for future columns please contact Dale Gribow Attorney at Law at 760-565-0533.
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