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  1. #1
    Join Date
    Sep 2009
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    8

    Default Arrested for DUI While at Home

    My question involves criminal law for the state of: California

    I was arrested for DUI while I was getting ready for bed. I was dropped of from a party by a friend where I had left my car. My brother and my friend came to get me from the party and as soon as they got there I left with the friend while my brother stayed behind for a few minutes. After a short while my brother left the party with my car to drop it off at my house. Upon arrival to my house he slightly hit the curb, walked into the house from the side yard (closest to my room), left through the front door and took off with the friend who had been waiting in his car. About 15 minutes later the police showed up because a witness said he saw me get out of the car and go into the house after hitting the curb. I refused the field sobriety test (I knew I would not pass) and on that basis they took me in. About an hour later I took a blood test. Since then I have hired a very good, well known DUI lawyer with many years of experience solely in DUIs. My question is what are the chances the case will be dismissed? and if it goes to trial what are my chances of acquittal? Also, if it goes to trail what is my best defense?

  2. #2
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Arrested for DUI While at Home

    how did they get in your house?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Arrested for DUI While at Home

    Are all these people willing to testify under oath to what you have said? If so, your chances of an acquittal are pretty good. The neighbor's identification o fyou and the collision could be problematic.

    I am assuming that you came to the door when the police knocked. If they made entry without your permission, then there are some other considerations to be made.

    - Carl

  4. #4
    Join Date
    Sep 2009
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    8

    Default Re: Arrested for DUI While at Home

    Actually it was one of my roommates who opened the door. They did not come in, I wen to them. Since it was night and my brother and I are similar, to what degree does that help me when it comes to the witness? And yes, they are willing to testifiy in court? Any chance of it getting dismissed??
    Thanks for the input

    Quote Quoting cdwjava
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    But, will the friend and your brother testify to all this? Is it the truth?

    - Carl
    Yes it is the truth, and yes they are willing to testify in court under oath.

  5. #5
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    Sep 2005
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    California
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    20,594

    Default Re: Arrested for DUI While at Home

    Then as soon as you can get an attorney to speak to the DA, you might find that the DA will drop the whole thing.

    - Carl

  6. #6
    Join Date
    Sep 2009
    Posts
    8

    Default Re: Arrested for DUI While at Home

    Quote Quoting cdwjava
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    Then as soon as you can get an attorney to speak to the DA, you might find that the DA will drop the whole thing.

    - Carl
    will this be after the arainment?

  7. #7
    Join Date
    Sep 2009
    Posts
    8

    Default Re: Arrested for DUI While at Home

    I live with roommates and on of them opened the door when the police came. He then informed me that they wanted to speak to me. I just hope my defense is good. It was night and my brother and I are somewhat similar so hopefully that will go against the witness.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Arrested for DUI While at Home

    But, will the friend and your brother testify to all this? Is it the truth?

    - Carl

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