What are the chances of my case getting dismissed if my attorney stated that he got my discovery with .08 BAC level? 6 Answers as of August 16, 2013

He said that I would have to show up for court too. The court had entered in my information wrong making my last name incorrect.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
I don't know why you need to go to court as an attorney can appear for you on a misdemeanor. Perhaps he just feels it would be productive since after all it is your case and no decision can be made without you. As to getting it dismissed you have provided no reason for them to do so 08 is the level at which you are guilty of the offense unless the BAC level is not accurate. It is likely however that the Da would offer you a wet reckless (CVC 23103.5) not that that is a particular good deal on a first offense DUI. He should be able to explain why. Otherwise you always have the option of going to jury trial.
Answer Applies to: California
Replied: 8/16/2013
Universal Law Group, Inc. | Francis John Cowhig
Getting your case dismissed is slim at best, but a plea bargain to a wet or dry reckless may be possible.
Answer Applies to: California
Replied: 8/16/2013
Steven Alpers | Steven Alpers
You can be convicted for driving with .08% or more alcohol in your blood, but since it is on the line your attorney could argue for a wet reckless to lower the fines and possible jail if you violate probation.
Answer Applies to: California
Replied: 8/15/2013
Hudson Bair | Hudson Bair
If your blood alcohol concentration is .08, or above its possible that your case will be dismissed but not without some solid legal problems with the case, not just simply .08. If your lawyer is a fighter, good things can happen.
Answer Applies to: California
Replied: 8/15/2013
Law Offices of Ramona Hallam
Law Offices of Ramona Hallam | Ramona Hallam
If this was a blood test, you might obtain a lower BAC if your own lab retests the blood. A level under .08 increases your odds of obtaining dismissal. However, the prosecutor will still want to get you on a wet-reckless charge or a VC 23152(a) DUI charge. Dismissal is usually based upon lack of probable cause for the stop, or a showing that at whatever level, you were not impaired. This often takes a trial.
Answer Applies to: California
Replied: 8/15/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    It's obviously fight able and winnable, if you have the right attorney, but it's not going to be dismissed.
    Answer Applies to: California
    Replied: 8/15/2013
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