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I WAS DETAINED IN A PARKING LOT IN TRUCKEE CA AFTER A CITIZEN

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REPORTED TO THE POLICE HE...
I WAS DETAINED IN A PARKING LOT IN TRUCKEE CA AFTER A CITIZEN REPORTED TO THE POLICE HE BELIEVED ME TO BE INTOXICATED. I HAD NOT HAD A DRINK THAT MORNING BUT HAD SOME THE NIGHT BEFORE, I BARELY BLEW A 0.9. I WAS NOT BEHIND THR WHEEL OF THE CAR AT TIME OF CONFRONTATION. I HAD GONE TO 7-11 TO GET A PAPER SEEKING EMPLOYMENT. I HAD TAKEN A XANAX THAT MORN AS I AM ATTEMPTING TO GET THROUGH THE CONSEQUENCES OF 2 EXTREMELY DOMESTIC VIOLENCE CASES THIS YEAR FROM MY SIG OTHER I HAVE LIVED WITH FOR 18 YRS. THE JUDGE THAT WILL MOST LIKELY HEAR THE CASE I HAVE KNOWN FOR YEARS AND IN FACT WORKED IN HIS COURTROOM ON A DAILY BASIS FOR APPROX 6 MOS. HOW SHOULD I PLEAD? SHOULD I ASK THE JUDGE TO RECUSE HIMSELF DUE TO OUR SOCIAL AQUAINTANCE? I HAVE BEEN A LEGAL ASST/PARALEGAL IN CA FOR 26 YRS BUT NEVER IN CRIMINAL. SHOULD I EMPLOY COUNSEL ALTHOUGH WOULD BE HARD AS I HAVE BEEN LAIDOFF SINCE MAY 19, 2008. THANKS FOR ANY ADVICE YOU CAN GIVE ME, TRISH FROM TRUCKEE
Submitted: 9 years ago.Category: Criminal Law
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Answered in 27 minutes by:
9/3/2008
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 9 years ago
CrimDefense
CrimDefense, CriminalDefenseAtty
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Trish, if there is any type of relationship between you and the Judge, the Judge has a duty to recuse himself from the case. It is not your duty to do this but the Judge's. If the Judge does not do it and you feel your previous work in his courtroom would cause prejudice upon you, then your attorney could file a motion. If you do not have money for a private attorney, you can fill out an application for the services of the public defender. Once appointed, they will work on your case. Until all the facts of your case are known, you should enter a plea of not guilty at this time. You can always change your plea at a later date and time, before trial. It sounds as though you may have a few legal defenses. First off, the facts surrounding this anonymous tip MUST be looked into, as there is case law which could support a motion to suppress based on the identity and reliability of the citizen report. Second, just because you were barely over the legal limit, does not mean you were impaired. Breath tests have been promen to be inaccurate. You can challenge these results. Third, the police need to see you in actual or physical control of the vehicle. If you were outside of your car when they confront you and they never saw you behind the wheel, they may very well not be able to prove the elements of a DUI. Finally, the xanax and the possible impairment that could have caused you, also needs to be examined, because if you have a legal prescription for it, it would be hard to pin point the time you took it. Xanax can stay in your system for weeks. Let the attorney work on your case. Be patient and follow their advice. It sounds as though there are possible motions to suppress the stop, breath test, and even a chance of beating this at trial, if the Prosecutor will have a hard time proving impairment. Good Luck.
CrimDefense
CrimDefense, CriminalDefenseAtty
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