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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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I was pulled over playing But the police where in a huddle

Customer Question

I was pulled over for music playing
But the police where in a huddle about 3 of them light turned red I look to my rt noticed them turn off my radio b4 light turned green
All of them came for me
Then they ask me y was I playing music
B4 I answered another cop said u been drinking. And this is where it went down hill
They where making racial remarks about my Harley
And this would be my second offence if I found guilty. I blew 8.6
But they covered it with there finger so I really don't know
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Peter Griesch replied 1 year ago.

If found or pleaded guilty, would this be your second offense within ten years?

In California, the punishment increases with each successive drunk driving conviction that takes place within a ten-year period.

A second driving under the influence conviction within ten years may trigger the following sentence: 1)Three to five years of probation; 2) A minimum of 96 hours to a maximum of one year in a county jail; 3)Between $390-$1,000 in fines; 4) Completion of an 18-month or 30-month court-approved California DUI school; 5) A two-year driver's license suspension that, after twelve months, may be converted to a restricted license.

You need to retain a lawyer with experience in defending DUI offenses. He or she can help you challenge the brethakyzer results, as well as challenge the reasons for administering the test to begin with.

If you also performed a field sobriety test, it might have been captured on a police dash camera. If it appears that you passed the field sobriety test, but blew over the legal limit in CA (.08), then the lawyer can also get a copy of the dash can video to use as rebuttal evidence that the breathalyzer was either not functioning properly, or was administered incorrectly by the police.

When interviewing potential lawyers, you should mention these things. If they seem like they are unaware of these approaches, leave and talk to another lawyer. Many DUI lawyers aren't solely focused on DUI cases, or even criminal law. Find one that is.

Good luck, and please let me know if you further questions.

Expert:  Peter Griesch replied 1 year ago.

If you have no further questions, please rate me when you receive the email asking you to do so.

Thank you.

Expert:  Peter Griesch replied 1 year ago.

Please remember to rate my response. Just Answer only pays its experts if the customer rates the response. Thank you.

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