How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Andrea, Esq. Your Own Question

Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11560
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Type Your Legal Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

Hi, my name is XXXXX XXXXX I was pulled over for driving under

Customer Question

Hi, my name is XXXXX XXXXX X was pulled over for driving under the influence yesterday 10/18 in Walnut Creek, CA. According to the paperwork it indicates that I had a 0.08% or more BAC chemical test result. I have no prior driving record and I've committed a crime of any sort. I'm 35 years old and I'm very scared.. I read online that if convicted of a DUI, I could do jail time. I have a full time job and I need it obviously to pay my bills.. My court date is in December and I don't know what to do.. Please any help/advice would really be appreciated right now.
Submitted: 9 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 9 months ago.

Hi, Kathleen, my name is XXXXX XXXXX X am a Licensed, Practicing Attorney and I will be glad to help in any way that I can,

 

First, take a deep breath, I will not tell you to "Relax" because I know the anxiety you feel. Please give me a moment to check something, but in the meantime, please be kind enough to give me the following information,

 

1. What did the police officer give you as a reason for pulling you over ?

 

2. How was your BAC determined ? Breathalyzer ? blood test ?

 

Thank you and I look forward to your reply,

 

 

 

Customer: replied 9 months ago.

She said that I didn't see her lights shining or something along those lines. I don't remember the exact reason. I think she said I was swerving but I can't recall, I was just so shocked it was happening to me and I was trying to keep it together. I was actually home and my friend asked me to come and pick him up and I should never have done that because I had a few drinks right before..


The BAC was determined by a breathalyzer test.

Customer: replied 9 months ago.


Hi, I'm sorry I don't wan to rush you but could you please respond back with something? I'm waiting for your expert reply. Thank you.

Expert:  Andrea, Esq. replied 9 months ago.

Thank you for your reply, Kathleen, and your additional information, I apologize for the delay, but my typing leaves a lot to be desired,

 

 

I will ask you once again to take a deep breath, but this time I am also going to ask you only to try to relax..

 

Here is what will happen - First, there will be an arraignment where you enter your plea of "Not Guilty". After the arraignment takes place, your Attorney will receive the evidence which the District Attorney has and this will include the following -

.

1. The reason you were stopped

2. How your BAC was determined

3. Any other information that the District Attorney has.

 

You should retain not only an Attorney who has substantial experience in DUI defense, but also one who has an excellent reputation with the District Attorney's Office because this will go along way for you. If the Attorney is well respected by the District Attorney, your Attorney might be able to negotiate a lesser charge, such as what is called a "wet reckless" which is reckless driving with alcohol involved, but no DUI. This is not only possible, but it is also very likely when the motorist has a clean record, has never been convicted of anything, has a clean record, and this is the first DUI

 

But, that is skipping ahead of ourselves. When your Attorney receives the "Discovery" package from the District Attorney's Office, he will first determine if the stop was legal. A police officer cannot stop a motorist unless they have probable cause. If your Attorney believes that there was no probable cause, he/she will file a "Motion to Suppress" which means that if there was no probable cause to stop you, then the stop was illegal and any evidence the police found as a result of that stop, including the breathalyzer test results must be thrown out and your entire case is dismissed and you are home free.

 

If it is determined that the stop was legal, then your Attorney will contest the legality of the arrest and contest the breathalyzer test results. Your Attorney will do this by attempting to show that the breathalyzer machine was not properly calibrated, or was not maintained properly, or the calibration mechanism was not properly submitted for maintenance according to the maintenance schedule required for that particular breathalyzer machine that was used to give you a breathalyzer test. You stated that the paperwork showed that your BAC was .08 or more. There is no such measurement. It has to be a definite number, they cannot say, "Well maybe it was .08%, or maybe it was a little higher, etc." No, they cannot do this. And, if your BAC was .08% that is borderline and an experienced Attorney will be able to knock off a few points, getting it down to maybe .06% in which case, you were not driving under the influence at the level required in order to be charged with a DUI and your case would have to be dismissed and the charges would have to be dropped and again you are home free.

 

There is also the possibility of Deferred Disposition which is offered to those with a clean record and the DUI is their first. The Court puts you on probation, requires you to attend "Safe Driving Classes" and the Dangers of driving under the influence. When you have completed the Court's requirements, you are taken off probation, and you are home free.

 

The fine is set by the Judge and it is in the area of $1,000 and the license suspension for a first DUI is between 30 days to 10 months. However, during this time, you can get a restricted license which you can use to get to and from work, your safe driving classes, any doctor's appointments, and other necessary appointments. So, you will not lose any time from work and you will be able to drive to and from work,

 

I hope I was able to alleviate your anxiety at least a little bit, You will be okay and everything will turn out fine, I promise you,

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 


ANDREA

 

 

 

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11560
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 13 other Legal Specialists are ready to help you
Expert:  Andrea, Esq. replied 9 months ago.

I realize I have given you a lot of information, but I wanted to explain the process in as much detail as possible so you would be able to relax a little, so please let me know if you need clarification on anything and I will be glad to explain further,

 

 

ANDREA

 

 

 

 

 

 

 

Expert:  Andrea, Esq. replied 9 months ago.

Thank you so much for the Excellent Service rating, Kathleen,I appreciate it greatly, but what I appreciate even more is the trust you placed in me to help you find a solution to a very troublesome situation, If you have any further questions, please do not hesitate to let me know and if you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question, like this,

 

"For Andrea only .........."

 

And I will be sure to get your question, In the meantime, please keep me informed of your efforts and let me know if you come up against any stumbling blocks and we can face them together,

 

Thank you for allowing me to be of service,

 

 

 

Kindest Regards,

 

ANDREA

 

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.