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camato29

Mandatory Appearance? Help.

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In santa clara country, CA I got a speeding ticket this one night i had drank a little bit. I blew a .79 and on the second test it had went down a tad. They let me go after a friend drove came to drive my car but they did verify that i was under the limit and fine. I have a wet-reckless charge from a January 2013. I got the courtsey notice expecting a fine but then it said its a mandatory appearance. Are they going to charge me criminally? :( any help or advice?

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You will certainly find out when you appear.  What charges are reflected in the notice?  I suspect you are still on probation for that wet reckless from last year and at the very least, you're looking at a violation of probation.  As Jack advised--get a lawyer.

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They let me go after a friend drove came to drive my car but they did verify that i was under the limit and fine.

This statement is a bit garbled, so I'm not really sure what you mean.  In any event, you seem to have a problem with drinking and driving.  Since this doesn't appear to be your first offense, you could be facing serious consequences.  You need an experienced DUI attorney ASAP.  

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You can't expect us to know, but I don't see why you wouldn't face some kind of criminal charge.  (For whatever reasons, people think there's such a thing as a 24-minute let alone 24-hour statute of limitations.)

 

My psychological education aside, I still feel annoyed when folks feel impelled to minimize stupidity or wilful disregard (drank "a little bit").  Do they sell personal use breathalizers?  Then again, you probably wouldn't use it, and you evidently don't have what I'd consider a halfway decent friend to take the place of common sense (or maybe you drink alone).  Sounds like you'd rather be (very) sorry than inconvenienced.

 

I'll speculate that the second test was for the purpose of an assessment to acquire information to extrapolate with specificity how long it takes for your body to metabolize alcohol.  I presume the officer has a decent chance of ascertaining whether you were lying about when you started drinking, what you drank, and when you got behind the wheel, etc. 

I gather a "wet reckless" charge -- and you may be facing another -- serves as a prior for ten years for purposes of sentence enhancement, so ... enjoy.  On the bright side, you may not have caused damage to anyone other than yourself ... this time.

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In santa clara country, CA I got a speeding ticket this one night i had drank a little bit. I blew a .79 and on the second test it had went down a tad. 

 

So the the first blow was .08 or more, and then the second was .079? Then the state may well have enough to convict you on a DUI for having a BAC of .08 or greater while operating a motor vehicle. You should know, too, that even with a BAC under .08 that you can be convicted of a DUI if the state can prove you were impaired. The idea that you are totally safe from a DUI if your BAC is under .08 is an unfortunate misunderstanding of the law that many people seem to have. So, even with a BAC of .079, the state might still get a conviction if it has any evidence of impairment. 

 

The cop doesn’t have to arrest you on the spot for the DUI. The state may file the charges anytime within the statute of limitations. So you may indeed still end up facing a DUI in addition to that speeding charge. 

 

I have a wet-reckless charge from a January 2013. 

 

That wet reckless will count as a prior DUI type offense, so if you are convicted of a DUI on this latest event, the sentencing will be enhanced due to the prior offense.

 

 

Are they going to charge me criminally? :( any help or advice?

 

There is no way anyone can predict what the prosecutor will do here. But getting charged with a DUI is at least a possibility. And if you are on probation for the wet reckless, you may face revocation of probation, too. The best advice anyone here can give you is this: get yourself an attorney to help you with the current legal troubles and stop driving after you have had any alcohol to drink. If you keep drinking and driving, your legal troubles are just going to keep getting worse. 

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camato29,

 

Given that you already had a wet-reckless charge at the time of your most recent incident, I'll echo the suggestions of other posters -- look into retaining a DUI lawyer. You can also read more information on the topic by checking out FindLaw's section on DUI law.

 

On a different note, if you haven't already, look into one of the Bay Area's many ridesharing services (which are pretty affordable and convenient) to prevent yourself from getting into this situation in the future. Stay safe out there!

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