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  1. #1
    Join Date
    Feb 2012
    Posts
    8

    Default How to Fight a DUI Charge

    My question involves criminal law for the state of: CA
    Posting it for a close friend, who unfortunately had a DUI at Santa Clara. Saturday night around 2 a.m., he was returning from a friend's place where he had a couple of drinks, but became quite sober before driving. He had a lot of work pressure during the day, and was damn tired. Probably the car might have been a little unsteady once or twice, and the cops caught him. He read 0.10.

    My friend has very high blood sugar, that might have been one of the reasons for the high reading (the ketones, probably). Otherwise he behaved real good, did nearly everything perfectly he was ordered to. But still, there was a case, and he needs to find a good attorney.

    If you are aware of any good DUI attorney in Santa Clara/San MAteo/Alameda county, please let me know. Also, I'd like to know what you think on this case. Let me know if any more detail is needed.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,307

    Default Re: to Fight DUI

    Quote Quoting bubun222
    View Post
    My question involves criminal law for the state of: CA
    Posting it for a close friend, who unfortunately had a DUI at Santa Clara. Saturday night around 2 a.m., he was returning from a friend's place where he had a couple of drinks, but became quite sober before driving. He had a lot of work pressure during the day, and was damn tired. Probably the car might have been a little unsteady once or twice, and the cops caught him. He read 0.10.

    My friend has very high blood sugar, that might have been one of the reasons for the high reading (the ketones, probably). Otherwise he behaved real good, did nearly everything perfectly he was ordered to. But still, there was a case, and he needs to find a good attorney.

    If you are aware of any good DUI attorney in Santa Clara/San MAteo/Alameda county, please let me know. Also, I'd like to know what you think on this case. Let me know if any more detail is needed.
    I think he needs to speak with an attorney.

    And, clearly, he did not do everything so "perfectly" because he was arrested for DUI.

    His high blood sugar is unlikely to have anything to do with his BAC. And to even make such an argument, he would have top spend thousands of dollars on expert testimony. But, the blood sugar and the other assorted excuses does not make the BAC of .10 go away, and by law that is above the level at which one is legally impaired as a matter of law.
    **********
    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
    May 2013
    Posts
    2

    Default Re: to Fight DUI

    Im going to assume he was asked to perform the 3 SFSTs (HGN, Walk and Turn and One Leg Stand) each one has a series of clues the indicate a BAC of .10 the HGN is 4 clues for a 77% chance Walk and turn is 2 clues for 68% chance and One Leg stand is 2 clues for a 65% chance he is .10 if he hits the clues for two or more of the tests there is about a 90% chance he is above the legal per se for the State of Ca. and all of that is before they even blow.

    There are 3 Phases to a DUI traffic stop and all the officer needs is REASONABLE SUSPISION to pull over. The 3 Phases are Vehicle in motion (failure to maintain, irregular speed, improper use of signals, wide looping turns)Personal contact phase (talking to driver, divided attention, smells, sight) and Pre screening (SFST, Breath-a-lizer). The 1st Phase the officer is trying to figure out if he can stop the vehicle, 2nd phase the officer is trying to decide if he needs the person to exit the vehicle and the thrid phase the officer is trying to figure out if he should make an arrest.

    I would recommend a Lawyer but honestly at a .10 its an uphill battle It will also depend if your friend was charged with 23152 (a) or (b) or both you can probably plee out of the (a) code but still get the (b) either way its a pain in the ass leagal fees, imound fees, fines and loss of license...good luck

  4. #4
    Join Date
    Mar 2013
    Posts
    16,868

    Default Re: How to Fight a DUI Charge

    Quote Quoting bubun222
    View Post
    I'd like to know what you think on this case.
    I think you're delusional if you think he's going to beat the citation with that story.

    .10 is not "a couple of drinks" it's a lot of drinks and he wasn't sober, he was drunk.

    PS: he can find lawyers in the phone book or google or the lawyer directory on this site.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: How to Fight a DUI Charge

    If you're friend's sugar is out of control and spilling ketones, he needs to get himself under control before he's in bad shape. The damage from untreated diabetes is cumulative. My step son is in bad shape from being out of control during his college years. Drinking is the last thing he needs at this point.

    As pointed out neither ketones no high bg has any bearing on BAC. At .10% they don't need to make much more of a case. He might have been able to weasel out of drug/alc impairment on the FSTs along by alleging a LOW blood sugar. Everybody however thinks they did well on the FSTs and no matter what the reason for him appearing impaired, that's plenty of probable cause and the per se violation seals it.

    He needs a lawyer to have any chance on this.

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