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  1. #1
    Join Date
    Mar 2011
    Posts
    3

    Default Seeking for Advises on Case of DUI 0.07 in San Jose

    I got pulled over by CHP police in San Jose with Breath test result showed 0.07.

    However, the reason I got stopped was because the cop assumed that I was involved in a hit and run accident. (and of course I was not).
    After more than 1&1/2 hrs investigating my car; there were 2 other cops started asking me to do some balance tests like walk straight the line, closed eye and count, etc... The cop told me I passed. Then the breath test...I got arrested after that (no clue why?!?)
    and I was requested to do another breath test at the station with the result 0.07.
    My record: clean
    I am 30. Petite size.
    My court date is on 3/29/11.

    I would love to hear your advise.
    I'm looking for a lawyer to help me right now.
    I feel hopeless, scare and very worry. All my plans in the future (my career has to drive a lot, citizenship, law school, ...) have to stop if the case fails.

    What should I do?!?
    All responses are really appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,593

    Default Re: Seeking for Advises on Case of DUI 0.07 in San Jose

    Quote Quoting as2011
    View Post
    I got pulled over by CHP police in San Jose with Breath test result showed 0.07.
    That's a mixed bag. It's low enough to force the state to show impairment, but not low enough to create a presumption of sobriety.

    However, the reason I got stopped was because the cop assumed that I was involved in a hit and run accident. (and of course I was not).
    If it was a reasonable presumption, then the stop will likely be found good. If he was looking for "a white car," that might be vague. But, if he was looking for "a newer white Dodge Durango with left front fender damage," and that matched your car, the stop will likely be good.

    After more than 1&1/2 hrs investigating my car; there were 2 other cops started asking me to do some balance tests like walk straight the line, closed eye and count, etc... The cop told me I passed. Then the breath test...I got arrested after that (no clue why?!?)
    I can only presume that you did not "pass" the FSTs. Many people think they have. And the officers rarely say a person has passed. When asked, they most often say, "You did fine," or, "Don't worry about it." I have yet to see an officer tell someone they "passed."

    It could also be that the test in the field was .08 or higher so they thought you were above the per se limit.

    I'm looking for a lawyer to help me right now.
    Always the best plan.

    I feel hopeless, scare and very worry. All my plans in the future (my career has to drive a lot, citizenship, law school, ...) have to stop if the case fails.
    A DUI is NOT the end of the world. If they have a case, this might also be pled to a wet reckless (CVC 23103.5) or something else.
    **********
    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

  3. #3
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Seeking for Advises on Case of DUI 0.07 in San Jose

    Thank you so much for your response cdwjava.
    I have contacted some lawyers; a few of them said they could contact a DP to negotiate to not file the case.
    Is this a correct information I should believe in?!?

    Thanks again.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,593

    Default Re: Seeking for Advises on Case of DUI 0.07 in San Jose

    Quote Quoting as2011
    View Post
    Thank you so much for your response cdwjava.
    I have contacted some lawyers; a few of them said they could contact a DP to negotiate to not file the case.
    Is this a correct information I should believe in?!?

    Thanks again.
    Not sure what a "DP" is.

    I don't know how you can negotiate to NOT file a case. If they don't file, there's not much to negotiate. If the DA feels there is sufficient probable cause to believe you committed the offense and that he or she can prove beyond a reasonable doubt that you were impaired, they will go trial. If the case is weak for some reason, then they may be willing to deal or drop the matter entirely. An attorney that works with the DA may know how to talk the DA out of filing by pointing out the difficulties in the case ... if any exist. Prosecutors have dwindling resources, and pursuing cases that are not likely winners is not high among their priorities.
    **********
    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

  5. #5
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Seeking for Advises on Case of DUI 0.07 in San Jose

    yes, it is DA...sorry...it's typo

    Thank you very much

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