Your DUI, or other criminal case, in Monterey County Court during the COVID-19 pandemic will move forward. You can likely avoid appearing in court in most cases during the pandemic. The biggest concern we are seeing is the need to postpone our clients' right to trial or risk their health via exposure to large amounts of people in an enclosed space for long periods of time.
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While you can be charged with a DUI for driving with legally prescribed medication in your system, these cases are difficult for the prosecutor to prove if you have a skilled DUI lawyer on your side.
While you can still be charged with a DUI for driving with marijuana, or other drugs, in your system, it is a difficult for the prosecutor to prove these charges if you have a skilled DUI lawyer on your side.
The police will rarely advise you of your Miranda rights until you have been arrested. Therefore, if you are pulled over by the police for DUI or any other crime, remember that you are NOT required to answer any questions. We always tell our clients to politely tell the police that they won't answer any questions. Give them your license, registration and proof of insurance and follow their instructions if they tell you to exit the car.
If you are stopped for suspicion of DUI you are NOT required to perform the field sobriety tests unless you are on DUI probation. And, doing them only gives the police and the prosecutor more evidence to use against you.
Unless you are on probation for a DUI or you are under age 21, you are NOT required to take a breath test before being arrested, nor are you required to do any field sobriety tests. In fact, we advise that you refuse to do any pre-arrest testing. You also should not answer police questions because anything you say will be used against you.
You may think that if you have been arrested for DUI it's all over and you are going to be convicted. But, that is not necessarily the case. There are many possible defenses, including an illegal pullover, or initial contact with the police that did not comply with your Fourth Amendment rights. The police must have a legal reason to make contact with you. Additionally, the length of, procedures used during that contact, and the subsequent arrest must also be lawful.