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Ask AttyCBradford Your Own Question
AttyCBradford, Lawyer
Category: Criminal Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family law Attorney serving California statewide
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I was arrested for a DUI in November 2009. Since then I have

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I was arrested for a DUI in November 2009. Since then I have an excellent driving record, I have been a teacher and vice principal for a total of twenty-seven years, and I am a single mother of two responsible, athletic, smart teenage boys. On January 6, 2013, I was pulled over for going 50 mls/hour in a 40 mls/hour zone and the officer asked me to do a breath test. I did have two glasses of wine with dinner, but I knew I was not drunk. I blew .072 and the officer let me go. He had my car towed, but I was able to pick it up 45 minutes later. I received a ticket for speeding and driving with alcohol in my system. What will happen to me.

AttyCBradford :

Hello! I would be glad to assist you but first i need to know what state you are in

Customer: CA
AttyCBradford :

Driving with alcohol in your system varies from state to state, while generally the amount is .08 or higher, most states have a second provisions which prohibits individuals from driving with any trace amount of alcohol in their system

AttyCBradford :

Okay in California if you are driving with a BAC under .08 you will be cited for California Vehicle Code Section 23512(a) which is driving under the influence

AttyCBradford :

this charge is generally given when the BAC is under .08 or if the individual had drugs in their system.

Customer: I realize that, but since I was under the legal limit, will I get a break? I have soooo learned my lesson. I will NEVER drink and drive again.
AttyCBradford :

If you are charged with this, when you appear at the hearing, you should hire an attorney who most likely be able to have this reduced to a wet reckless or a dry reckless,

Customer: I have hired an attorney. Why did the officer let me go?
AttyCBradford :

Yes, but given the previous DUI they may want a wet reckless or perhaps they would charge it as a first without alleging a prior, this will all be up to the negotiation skills of your attorney

AttyCBradford :

The officer most likely let you go bc it was a cite release and they did not feel you were too intoxicated to take care of yourself but that you could not drive

Customer: Because I have a responsible job that I must attend to, will I still be able to drive?
AttyCBradford :

That will be up to DMV, did you attorney request a APS hearing? If not, you only have 10 days to request a DMV/APS hearing from the date that the officer suspends your license

AttyCBradford :

If I have answered all your questions then please press accept and provide positive feedback, so I receive credit for my work. If not and you have additional questions please ask, and I will respond promptly. Please note: this is a PAID ANSWERING service, once your question has been answered, press accept. This conversation does not constitute an attorney-client relationship and is offered for informational purposes only. Lastly, sometimes it may take a moment to respond as I work with several customers at a time. Thank you and best of luck.

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