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  1. #11
    Join Date
    Jun 2010
    Posts
    9

    Default Re: Chances of Winning a DUI Jury Trial

    Sir, I asked a question and you gave your answer, thank you so much. But please don't try to convince me that I had more alcohol than I remember like the cops did on the field. To have .17 after 4 hours an average person should drink half a bottle. Same bottle is still there containing more than half and I wasn't the only one drinking whiskey that night. I have witnesses too, but I know they are not legal evidence. It's only my word against a high-tech breathalyzer. Chances of winning is slim to none.
    Now I'm a criminal, potential murderer, right. But I can still speak my mind:

    Whoever reading this; if you ever asked for a breath test
    NEVER EVER BLOW ANY BREATHALYZER!!!!!!! Go for the blood test.

    Quote Quoting cbg
    View Post
    Who do you think is answering if not real people? Robots?
    I mean I'm looking to hear a 'success story' from a real person. And there is none.

  2. #12

    Default Re: Chances of Winning a DUI Jury Trial

    Uh, what size was that bottle??? You don't have to be an atty to tell you that you are drop dead wrong on this one (a certified bartender can give you the scoop, because WE are responsible for our patrons.). It's not just what or how much you drink, but whether or not you have food/are eating/drinking water etc while doing so, your metobolism, and activity levels.

    For me, a small amount of alcohol will put me in DUI status in a hot hurry, for an alcoholic, although the effects are very minimal, they can drink an entire bottle and seem straight up. It doesn't matter what you REMEMBER drinking, but what your PBT and or blood test show to be in your system. Your BAC is NOT an exact science, everyone reacts differently.

  3. #13
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,494

    Default Re: Chances of Winning a DUI Jury Trial

    Quote Quoting vampiria
    View Post
    Sir, I asked a question and you gave your answer, thank you so much. But please don't try to convince me that I had more alcohol than I remember like the cops did on the field. To have .17 after 4 hours an average person should drink half a bottle. Same bottle is still there containing more than half and I wasn't the only one drinking whiskey that night. I have witnesses too, but I know they are not legal evidence. It's only my word against a high-tech breathalyzer. Chances of winning is slim to none.
    Now I'm a criminal, potential murderer, right.
    Well, I never said that. if you want to characterize yourself that way, go right ahead. Is there a potential for something horrible when you are impaired? Absolutely! Much more so than if not impaired. But, I never referred to you as a "potential murderer."

    And in spite of what you THINK, you may very well be wrong. People absorb alcohol at different rates. And, your assumption of "half a bottle" over four hours assume an even level of consumption, and that is not too likely. Possible, but not likely.

    But I can still speak my mind:

    Whoever reading this; if you ever asked for a breath test
    NEVER EVER BLOW ANY BREATHALYZER!!!!!!! Go for the blood test.
    Great. I like blood because it is rarely challenged and almost always results in a guilty plea or trial conviction.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #14
    Join Date
    Jun 2010
    Posts
    9

    Default Re: Chances of Winning a DUI Jury Trial

    Guys. I didn't post here to argue if I'm guilty or not. I'm looking for an answer for only one question.
    Is there anybody ever dismissed at a DUI jury trial, if so how?

    This guy says he understands and he can help. Watch his videos about your very very accurate breathalyzers.
    http://www.avvo.com/attorneys/90036-...4/aboutme.html

    please, I don't want to hear any other comment about my memory and metabolism. Only post here if you have anything to say about jury trials.

  5. #15
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,494

    Default Re: Chances of Winning a DUI Jury Trial

    Quote Quoting vampiria
    View Post
    Guys. I didn't post here to argue if I'm guilty or not. I'm looking for an answer for only one question.
    Is there anybody ever dismissed at a DUI jury trial, if so how?
    Yes, it is POSSIBLE.

    The most common attacks are generally BEFORE trial, however. If the evidence (the chemical test and the officer's testimony of his or her observations) can be dismissed via suppression, the case goes away. Hence my previous mention of the challenge to the detention then the probable cause for the arrest. However, those occur before a trial. If those motions fail, the defense rarely prevails at trial.

    However, if the officer is inarticulate or inexperienced, the defense might be able to raise doubt with a jury as to the officer's ability to evaluate the impairment or work the breath device adequately, they might prevail. I have never lost a DUI case, and am an instructor for DUI evaluations, and do not have personal experience with a jury acquittal, but I know they have happened.

    The least likely successful defense is a technical battle of the experts unless some very obvious or well-publicized foul up has occurred involving the machine or agency maintaining and/or calibrating the machine or lab devices.

    This guy says he understands and he can help. Watch his videos about your very very accurate breathalyzers.
    Seen 'em. Understand he has a product to sell ... his services. He has a motivation to exaggerate certain findings. And, if he is good enough to exploit the device to raise doubt with a jury, great! It's rare, and I suspect that most his cases plead out anyway, but his job is to raise reasonable doubt and bill by the hour. Some of these guys can do the job well ... most make their suppression motions and then plead out.

    please, I don't want to hear any other comment about my memory and metabolism. Only post here if you have anything to say about jury trials.
    The nice thing about this site is you get the benefit of all levels of experience, including those that concern opinions on absorption rates, metabolism, and memory. I could wax on for pages on the effects and misperceptions involved with alcohol consumption if you'd like ...
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #16
    Join Date
    Jun 2010
    Posts
    9

    Default Re: Chances of Winning a DUI Jury Trial

    They didn't tell me the reason to stop, and they took me to jail at the front seat. Do you think it makes any difference?

  7. #17
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,494

    Default Re: Chances of Winning a DUI Jury Trial

    Quote Quoting vampiria
    View Post
    They didn't tell me the reason to stop, and they took me to jail at the front seat. Do you think it makes any difference?
    Not really. It will be the justification in the report that will indicate what they will testify to in court. What seat you are transported in is entirely irrelevant.

    They do not need a whole lot to justify the detention. Simply some observation giving rise to possible impairment, or a potential Vehicle Code violation are sufficient for the stop.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #18
    Join Date
    Jun 2010
    Posts
    9

    Default Re: Chances of Winning a DUI Jury Trial

    Thank you for all the information. You were very helpful.

  9. #19
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Chances of Winning a DUI Jury Trial

    Personally, if I blew a .17 twice, I'd go to court and ask for the 'standard disposition' and I wouldn't waste a nickel on a lawyer unless I thought there was some compelling reason that I could prevail. Just my opinion but I feel sure statistics would strongly support that choice.

    Ask your lawyer if he wants to do a 'double of nothing' deal on his fee... based on the outcome. It will be the quickest "NO" you've ever heard in your life!

  10. #20
    Join Date
    Oct 2009
    Location
    Los Angeles, CA
    Posts
    36

    Default Re: Chances of Winning a DUI Jury Trial

    You should probably request a public defender instead of hiring a private attorney, if you are eligible. Then the PD can see if there is anything fishy in the police report (which is all that will matter). If so, then spend your money on the expensive attorney if you don't trust the PD. Private attorneys are often (not always, since I myself don't do this) full of sunshine and butterflies only to later disappoint you with the not so sunny truth - hence him promising you that he will "fight to prove your innocence." That is what you are hiring him for, not a promise that he's going to be able to get you off.

    I cannot tell you how many times I heard my client's story and thought we might have a shot only to read the police report later and realize there was NOTHING that could be done. Luckily, I never take a DUI anymore without reading the police report, since there is almost never anything that can be done (as cdwjava explained in detail).

    Quote Quoting cdwjava
    View Post
    I like blood because it is rarely challenged and almost always results in a guilty plea or trial conviction.
    Breath can't be re-tested. Blood can, and always comes out between .01 and .02 lower than the first test. Ergo, if you have a .09 at the station, come trial it will only be .07, which is awesome evidence against the (b) charge.

    Quote Quoting chuckycheese
    View Post
    Ask your lawyer if he wants to do a 'double of nothing' deal on his fee... based on the outcome. It will be the quickest "NO" you've ever heard in your life!
    That is illegal in California. That's why he would get a no. Sometimes I'd gladly do it, dependent on the police report of course.

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