Sunday, March 23, 2014

A Blood Case Can Be Reduced Before Trial

  Over one (1) year ago, this client came to me after having been arrested for Driving Under the Influence (DUI) in Oakland, California.  The client did everything she was told by the police including, answering all questions, taking field sobriety tests (FSTs), and they were all mistakes innocent people do everyday when stopped.  You should never answer any direct questions, such as where are you come from?  Where are you?  Where are you going? When did you eat last?  What did you eat?  What time did you start drinking?  Where were you drinking?  What were you drinking?  How many drinks did you have?  When did you stop drinking?.  
  In any case, as with most honest people, this client answered all those questions.  Next, the client did the FSTs; you should never do them, just demand a blood test and say nothing more.  NEVER, NEVER, NEVER take the Preliminary Alcohol Screening (PAS) test, breath test in the street, NEVER.  Exceptions, if you are under 21, you must take it, or if you are on probation for DUI or related charges, you must take it.  Other than that, don't do it.  Just demand a "Blood" test, and shut up.
  In this case, we did a motion to suppress evidence as not legally obtained.  We lost the motion.  We appealed the motion, and the motion was reversed at the Alameda County Superior Court's Appellate Division.  Then, the case was moved to the First District Court of Appeals, State Court, where it was reversed, and sent back for trial.  Knowing there were problems with the blood from the original Motion to Suppress hearing, the District Attorney, offered a Wet Reckless on a 0.11 blood test.  My client saved a lot of money in fines, does not have to put Ignition Interlock Device (IID) on the car, and gets NO JAIL TIME OR PICKING UP TRASH, NOTHING, and only two (2) years of Court Probation; not supervised.
  New issues have arise in Blood cases, so you should do what this person should have done, and your case could be dismissed in Oakland, California when the law is not followed and a good DUI Attorney fights for your Constitutional Rights, as did duioffice.com,
  That is your tip for the day.  Donald Gray Drewry, Attorney-at-Law

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