I was involved in a minor fendor bender on new years eve while driving home. the police witnessed it. i was then arrested for a DUI. on the bail report it states i violated the DUI vehicle code, nothing about the accident, nor did i sign anthing stating info about the accident. is there anyway to fight the dui? what wil be the consequences? how much of a fine? classes? suspension? happened in california.
2007-01-03 12:27:17 · 9 answers · asked by smithjjj 1 in Politics & Government ➔ Law & Ethics
First of all, contrary to the posts here, do not assume that you must plead guilty. What the consequences of your arrest may be cannot be stated precisely until you, and your lawyer (you should have one) know what the result of your blood test is. If it is relatively low, you may be able to plead to what is known as a "wet reckless," which carries less severe consequences than a DUI. (I assume you took the required test, because otherwise you would be telling us that the police officer took your license because of the refusal.)
As usual, mikeysco's answer hits the nail on the head, I just have a couple of points in addition. Whether any jail time is involved probably depends upon the court, but in my experience jail is not usual for a first offender who is granted probation (jail is mandatory if you are not on probation, but it is only optional if you are placed on probation--Cal. Veh. Code secs. 23536, 23538.)
He is correct that the accident means nothing in terms of the charge--so long as nobody was hurt and you did not leave; a non-injury accident, even when DUI, is not a crime. However, you may have to pay restitution to the other party in the accident for the damage, even if the accident was not your fault. If you are insured, and your insurance applies even if you are DUI (some don't), then your insurance can pay for that.
This will also be two points on your DMV record.
2007-01-04 05:24:23 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It will depend on what state you were in, some states have 1st time offender programs (classes, probation before judgment, smallish fine, AA during probation), but others fine you about $1000-$3000 and suspend your license for 3 to 6 months.
Why do you think the accident would make a difference in this matter, it's you BAC that matters.
You better get a lawyer in any case, for the DUI part anyway.
2007-01-03 12:31:52 · answer #2 · answered by Yo it's Me 7 · 0⤊ 0⤋
oh no! stop right there. if this is your first DUI, DO NOT GET AN ATTORNEY!!! waste of money.
look...speaking from experience, i had my first (and last) DUI. i wrecked 3 cars not including my own. if you are guilty, then just suck it up and pay the fine. you will have to go to driver safety classes once a week for 3 months, 6 AA meetings, and what ever restitution fines that are applied. i got lucky, no one showed up at my restitution hearing and i didn't have to pay for the damage i caused ( i know, i was so stupid). my fines were $1500.00, plus the cost of the classes, i never paid an attorney. if this is your first offense, an attorney is a waste of money. my license was suspended for 30 days and i was able to get a restricted license for 3 months. because i didn't have the $1500.00 by the due date i was given the oppurtunity to do the jail time. which was 15 days. however in the state of ca, you only pay 10 percent of the time. which was 1.5 days. so you get processed in...sleep in a cell or on a cot....then you get processed out.
the only real reason you woud get an attorney is if you injured someone, this isn't your first DUI, or you have money to waste.
2007-01-03 12:49:59 · answer #3 · answered by Bella 5 · 0⤊ 1⤋
Were you given a field sobriety test, breathalyzer, or a blood test? Did you admit to being drunk? If you were or did, then you don't have much of a chance in fighting it.....it's a DUI whether or not there was an accident, and you are lucky that it wasn't mentioned.
You're probably looking at a hefty fine, suspension, and to top that off - a HIGHER INSURANCE PREMIUM. And if you get caught again, it'll be even worse.
2007-01-03 12:39:47 · answer #4 · answered by J T 6 · 0⤊ 0⤋
Doesn't matter about the accident. DUI is serious and you might as well get ready for a rough time. It will cost you no less than $5000 between a lawyer and court costs and fines.
2007-01-03 12:29:44 · answer #5 · answered by The Scorpion 6 · 0⤊ 0⤋
Get a lawyer who specializes in DUI. The yellow pages would be a good place to start.
2007-01-03 12:29:59 · answer #6 · answered by VirtualElvis 4 · 0⤊ 0⤋
Sounds like another story of someone driving drunk, getting caught and trying to find a way to sneak out of it..Just admit what you did was wrong, pay your fine and learn from this experience. Be grateful you didnt hurt yourself or somebody else because of your recklessness
2007-01-03 14:27:41 · answer #7 · answered by Anonymous · 0⤊ 0⤋
a million. necessary 2. in all probability not necessary 3. relatively not necessary 4. relatively not necessary 5. in all probability necessary 6. in all probability necessary 7. relatively not necessary 8. relatively not necessary 9. in all probability necessary 10. in all probability not necessary (public exposure? lol)
2016-10-19 10:33:34 · answer #8 · answered by johannah 4 · 0⤊ 0⤋
well if they have no proof like no breathalizer than yes fight it and hopefully it is ur first most places will defer it
2007-01-03 12:35:04 · answer #9 · answered by undercovernudist 6 · 0⤊ 1⤋