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  1. #1
    Join Date
    Dec 2016
    Posts
    2

    Default Pulled Over for Speeding and Charged With DUI

    My question involves criminal law for the state of: California

    I was pulled over for speeding right before my apartments. I turned left at a light onto a long 2 lane straightaway and decided to speed up and pass the 2 cars that were in my lane. Sheriff said I was going 80 in a 45. I usually dont go that fast before the S curve before my apartments. Road was wet from the rain and I'm sure I was going 65-70 before braking before the S curve.

    Sheriff asked if I knew how fast I was going and I said 70. Not sure if he clocked me or paced me. I do know he sped up behind me to catch me after the S curve. He asked If I drank and I told him I had 3 beers. Last drank I had was 2 hours before that and I can pull all that data on google maps and reciepts from the restaurant and bar. I started drinking around 3:30PM at a bar and left the bar at 5:30PM to eat dinner. Ate dinner and had another beer. Left the restaurant at 6:30PM and went shopping. Headed home at 8:30 PM and got pulled over.

    Sheriff said he could smell the alcohol so he called a CHP to do a FST. I blew a 0.09 and was arrested for DUI. Spent the night and now have a court date coming up in 2 weeks. I hired an attorney and he scheduled a DMV hearing 4 weeks after my court date.

    1. Will I get an aggravated enhancement and have to serve jail time due to the speeding. Speeding wasn't cited but most likely will be on the report.
    2. I've been going to AA and have been sober since I was arrested (about 12 days now). I've been drinking for 17 years, about half my life and these past 2 years almost every day. I don't even know why I drink cause I dont really get a pleasure out of it all the time and have been on and off with quitting. This DUI has been a real eye opener and the kick in the *** I needed to really make a change for the better.
    3. I have a clean record besides getting a speeding ticket a year ago. Took traffic school so no point on my record.
    4. I had gum in my mouth when I did the breathalyzer, was the cop supposed to check first? Also my mouth bleeds a lot cause of my teeth so would mouth blood affect the results? My wife had the same amount of drinks but instead of beer it was wine and she blew under the limit.

    Any advice would be great. Seems like people on here ask for advice but never state what happened at court.

    Thanks

  2. #2
    Join Date
    Sep 2010
    Posts
    19,048

    Default Re: DUI - 0.9 Pulled Over for Speeding

    You should be listening to your attorney. Your entire peramble is spurious. The stop appears valid (your lawyer can review the actual evidence). The FSTs and PBT are plenty of probable cause and there's probably more. I assume a chemical test (breath test at the station, blood draw) was done.

    If he makes a case that you were indeed 65 or more, then that is an aggrating condition for the DUI. He doesn't have to write you up at the same time you were pulled over.

    I'd have to admit that I am NOT a fan of the efficacy of AA. I suggest you may want to look into clinical help for your substance abuse problems rather than relying on the AA 12-step hokum.

    You don't have a clean record. While the non-report to the DMV saved your insurance rates, it is on your record.

    As for the breath test... mention all that to your lawyer, but it's unlikely you're going to invalidate the chemical evidence. Even without that, the officer is going to provide expert testimony about your intoxication from the FSTs and other observation. Your lawyer will attempt to challenge these, but it's often not possible.

  3. #3
    Join Date
    Dec 2016
    Posts
    2

    Default Re: DUI - 0.9 Pulled Over for Speeding

    Thanks for the info. I'm not trying to fight the dui, i'm just worried about the additional charges I may face due to the speeding. This is a 1st time DUI charge so it's pretty stressful and I regret it dearly. I'm still researching treatment programs in my area so hopefully I find something that works for me.

  4. #4
    Join Date
    Oct 2016
    Posts
    1,116

    Default Re: DUI - 0.9 Pulled Over for Speeding

    Quote Quoting mb209
    View Post
    Any advice would be great.
    Thanks

    Well, since you don't even know what your BAC reading was it's clear that you need an attorney.

    If you blew a .9 you'd be dead.

  5. #5
    Join Date
    Oct 2014
    Posts
    7,295

    Default Re: DUI - 0.9 Pulled Over for Speeding

    Quote Quoting Highwayman
    View Post
    Well, since you don't even know what your BAC reading was it's clear that you need an attorney.

    If you blew a .9 you'd be dead.
    If you read the body of his post, you will note that he specifically says “I blew a 0.09 and was arrested for DUI.” So it appears that he does know that the result of the breath test was and, while his subject line said .9 (which would indeed be a lethal amount of alcohol) a level of .09 is certainly survivable and indeed is just .01 over the presumed intoxication level of .08. Of course, that means that if the tests hold up he’s pretty much toast on the DUI charge. I do agree that he would benefit from consulting a DUI attorney.

  6. #6
    Join Date
    Jul 2015
    Location
    Florida
    Posts
    301

    Default Re: DUI - 0.9 Pulled Over for Speeding

    Jumping all over a scrivner's error is not helpful, or even very clever.

    A good DUI attorney will negotiate a plea, and I would be shocked in the extreme if any first-time DUI without property damage or personal injury resulted in jail time other than credit for time served from your original arrest. There are requirements in the administration of breath tests, such as waiting 20 minutes before beginning (to ensure all mouth alcohol has evaporated), etc. Your attorney will examine all of the documents received during discovery to ensure all the requirements have been met. Even if the blood alcohol content readings are invalidated, there is still the officer's testimony about your performance on the field sobriety exercises. If you exhibited enough cues and clues on those a jury would still probably convict you.

    Take the best plea offer your attorney can negotiate for you and then pursue treatment / recover for your drinking issue. It should now be clear that drinking is making your life unmanageable. Many clinical programs incorporate AA, and AA has a better track record than most other programs, but sadly most of them have enormous relapse rates. It's up to you when you've had enough.

  7. #7
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    492

    Default Re: Pulled Over for Speeding and Charged With DUI

    Because this is a misdemeanor, the citing officer is required to file "The duplicate notice and underlying police reports in support of the charge or charges ... with the prosecuting attorney." (PC 853.6(e)(3)). It is then up to the prosecutor to determine the charges which may very well include speeding. Either way, you will more than likely get a formal complaint from the prosecutor at your arraignment.

    To sustain the excessive speed enhancement, prosecutors must show that the person
    1. violated Vehicle Code 23152(a) driving under the influence, Vehicle Code 23152(b) driving with a BAC .08 or more or Vehicle Code 23153 VC (DUI with injury),
    2. drove 20 to 30 miles per hour over the speed limit, AND
    3. drove in a reckless manner.

    The additional penalty only applies to your DUI if you were driving at least 30 MPH over the freeway limit or 20 MPH over the street limit.
    But it's also important to understand that excessive speed alone does not trigger this California DUI speeding enhancement. There must also be reckless driving.
    Keep in mind though that you can still be charged with speeding only it cannot be used as an enhancement to the DUI charge unless the prosecutor can prove reckless driving as well.

    Quote Quoting mb209
    View Post
    Any advice would be great.
    You don't need any advice from this forum, that's what you're paying your attorney for.

  8. #8
    Join Date
    Feb 2017
    Posts
    1

    Default Re: Pulled Over for Speeding and Charged With DUI

    Quote Quoting mb209
    View Post
    My question involves criminal law for the state of: California

    I was pulled over for speeding right before my apartments. I turned left at a light onto a long 2 lane straightaway and decided to speed up and pass the 2 cars that were in my lane. Sheriff said I was going 80 in a 45. I usually dont go that fast before the S curve before my apartments. Road was wet from the rain and I'm sure I was going 65-70 before braking before the S curve.

    Sheriff asked if I knew how fast I was going and I said 70. Not sure if he clocked me or paced me. I do know he sped up behind me to catch me after the S curve. He asked If I drank and I told him I had 3 beers. Last drank I had was 2 hours before that and I can pull all that data on google maps and reciepts from the restaurant and bar. I started drinking around 3:30PM at a bar and left the bar at 5:30PM to eat dinner. Ate dinner and had another beer. Left the restaurant at 6:30PM and went shopping. Headed home at 8:30 PM and got pulled over.

    Sheriff said he could smell the alcohol so he called a CHP to do a FST. I blew a 0.09 and was arrested for Nevada dui online school. Spent the night and now have a court date coming up in 2 weeks. I hired an attorney and he scheduled a DMV hearing 4 weeks after my court date.

    1. Will I get an aggravated enhancement and have to serve jail time due to the speeding. Speeding wasn't cited but most likely will be on the report.
    2. I've been going to AA and have been sober since I was arrested (about 12 days now). I've been drinking for 17 years, about half my life and these past 2 years almost every day. I don't even know why I drink cause I dont really get a pleasure out of it all the time and have been on and off with quitting. This DUI has been a real eye opener and the kick in the *** I needed to really make a change for the better.
    3. I have a clean record besides getting a speeding ticket a year ago. Took traffic school so no point on my record.
    4. I had gum in my mouth when I did the breathalyzer, was the cop supposed to check first? Also my mouth bleeds a lot cause of my teeth so would mouth blood affect the results? My wife had the same amount of drinks but instead of beer it was wine and she blew under the limit.

    Any advice would be great. Seems like people on here ask for advice but never state what happened at court.

    Thanks
    Hi
    The maximum penalties for a misdemeanor first DUI conviction in California is a $1,000 fine plus over $2,600 in penalty assessments, six months' imprisonment in the county jail, a six-month license suspension ; ten months for blood alcohol level of 0.15% or more, having your vehicle “impounded”

  9. #9
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,532

    Default Re: Pulled Over for Speeding and Charged With DUI

    Quote Quoting alice121
    View Post
    Along with that we also have to follow all driving instruction of particular state so that there is not an any option to get charged with dui.
    LOL. Well, I suppose that is good advice, as far as it goes. In practice, however, it isn’t very useful or even good advice. People don’t usually get arrested for DUI because they made a conscious decision to commit traffic violations that attract the notice of police. They drive in a manner that attracts police attention because they are IMPAIRED and their driving behavior shows evidence of that! Ever hear of people that claim “I drive better when I’m drunk because I’m super careful so I won’t get stopped.” – yet, still got arrested for DUI?? Also, drunks have poor judgment (a known and documented part of being IMPAIRED by alcohol) – resulting in poor choices about their driving behaviors. You know, the old joke about famous last words, “Hold my beer and watch this!”?

    IMHO, much better advice would be “Don’t drink and drive and you won’t have to worry about a DUI.” If you are going to drink, plan ahead for a safe ride home. Don’t leave that decision until after you have been drinking…you, know – when you’re IMPAIRED.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  10. #10
    Join Date
    Jul 2015
    Location
    Florida
    Posts
    301

    Default Re: Pulled Over for Speeding and Charged With DUI

    Quote Quoting PTPD22
    View Post
    IMHO, much better advice would be “Don’t drink and drive and you won’t have to worry about a DUI.” If you are going to drink, plan ahead for a safe ride home. Don’t leave that decision until after you have been drinking…you, know – when you’re IMPAIRED.

    Really? I'm aware of a particular officer in my jurisdiction that, if you are pulled over and investigated for DUI by that officer, you are extremely (as in "never") unlikely to leave the scene without being arrested for DUI...

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