how can I fight a dui case when I was stopped at a checpoint?
155880
Yeah.  Some really bad advice and comments here.\n\nYou asked two questions: how can you fight the case, and can you fight the case.  In reverse order:\n\nCertainly you can fight the case.  If you want to *really* put up a fight you're going to need bunches o'money, and a lawyer.  There are dozens of points to litigate in any DUI case, although often the litigation is more expensive than effective.\n\nAs for how you can fight the case, that's really not possible to answer here without having the police report available.  Like I said, there can be dozens of things to litigate, and without having the facts available it's just not possible to know if the arresting officer has covered all the bases and left you with nowhere to go in your defense.\n\nAs for some of the comments you're receiving here:\n\nIt's not necessarily true that everything you did at the station was video recorded.  Some places do, and some do not.  \n\nFighting the case will not lead to more severe punishment than if you just admit your guilt.  The punishment for DUI in California is very specifically established, and whether you fight the case tooth and nail or walk in and plead guilty, the punishment will be the same.  \n\nJust because you've taken the breath test does not mean you're as good as guilty.  Again, there are many things about even a breath test that can be subject to litigation (although like I said, it may not end up being very effective litigation).\n\nOnce we are certified on breath testing equipment, we are certified forever on that particular type of equipment.  The comment here that we allow our certification to lapse is incorrect, because it does not lapse.\n\nRarely, if EVER, will police draw blood to "back up" the breath test.  In fact, unless you consent (or request) a blood test (and you are allowed to ask for one and should have been given the opportunity to do so), there's no legal reason to make you submit to one unless drug use was suspected or the breath machine malfunctioned.\n\nAssuming the breath test was administered properly, you can claim you used mouthwash but your claim is likely to fall on deaf ears.  Evidential breath testing requires a fifteen minute observation period prior to administering the test and under normal conditions, fifteen minutes is *way* past the amount of time any "mouth alcohol" would interfere with the breath testing machine.\n\nEntrapment, just so we're all clear on it, is when the government induces someone into committing a crime you would not ordinarily commit.  If you have an ounce of marijuana with you, and I offer you a thousand dollars for it (significantly more than the going rate), I'm probably entraping you into committing the crime of furnishing marijuana because after all...who wouldn't sell a little weed for a thousand bucks to some idiot that was willing to pay it?  You're not ordinarily a marijuana dealer, but by offering you a thousand dollars, I made it just a little too hard to not sell me the weed.  \n\nThis is very different than you driving into a checkpoint, even if it is close to a bar.  The government did nothing to induce you into either drinking, or driving, or even driving into the checkpoint.  You had the option to do (or not do) all those things, and I'd be willing to bet you'd have a really tough time trying to show the government entraped you into doing any of them.  You got "trapped", sure...but that's not entrapment.\n\nCan you fight it?  Sure.  Do most people?  No.  I've made over 500 DUI arrests in my career and I think I've gone to court on maybe twenty of them.  I've lost one, and that was just plain stupid police work on my part.
642444
i doubt 1 DUI from that long ago will prevent you from getting the job. employers look for patterns and if that is your only one then you are probably safe. my ex bf got his engeneers lisense and a job with about 5 convictions showing for theft and all kinds of stuff. then again he can sell an ice box to an eskimo, so that may have helped in his favor. however if you have an engeneers certification then any future DUI's can get it revoked and you'll be up s*** creek. so quit drinking and driving.\n\nbtw you should be able to go down to the DMV or state police and have them run a check to see if it is showing on your current lisense. they'll probably charge you about $10, but at least you'll know either way.
92107
A bench warrant will be issued for your arrest. While the PD won't actively pursue it, getting pulled over for a traffic violation becomes a major problem. So go do it - not because of the arrest factor but because it's your duty as a US citizen. We're entitled to a trial by a jury of our peers. You wouldn't want your peers skipping out if god forbid, you were on trial!
791001
a few things actually... one is the fact that when you sign for your drivers license, it even states somewhere on it that you agree to abide by any and all laws. if the officer has probable cause that you have broken a law, that you have previously agreed to uphold, then they can ask you to perform some road side tests. You do have the right to refuse however... they cant ask you to do something you dont want to. There's your freedoms and rights coming into play. They can, however, suspend your license for a minimum of six months if you refuse to take a breathalizer test or a field sobriety test. So, the moral of the story is... dont drink and drive. Call a cab or catch a bus... find a friend...
656814
i used to work for clerk of courts in the traffic division for a larger city,  there is little chance that you will get the ticket thrown out dropped,  however if you do come in to court in a suit an tie, and if you are respective of the judge and the legal process, you will probably be charged court cost, pledge no contest, tell the judge that you were not familiar with the area and if you bring in a picture of the stop sign  it might help.  court cost are  usually about half of the cost.
748401
You can try everything.But the result just came out same.Just pay your ticket or go to court.
982904
Call the justice center.... and talk to a deputy...
1023926
Yes. That's what the appeal process is for. You appeal it to the County Court of Appeals in the county where the violation occurred. There should be instructions on the back of your copy explaining what to do. Usually, you have to file the appeal within a certain time period after the finding of the lower court. The county court of appeals is the final court on a traffic violation, but often easy to have overturned for numerous reasons. If the officer fails to show up and they try to reschedule your appearance, object to the prosecuting attorney, if he/she is not cooperative, ask to speak to the judge. Usually it will be automatically reversed and dismissed. If you have an attorney, he can examine the ticket and details of the incident      and suggest a defense. If you are defending yourself and have  any evidence, e.g.- picture of obscured stop sign, witness, etc, you can introduce that evidence and essentially have a new trial. If you are guilty and have no real defense, plead "no contest' if the officer shows up. Its the same as a guilty plea, but does not indicate that you admit guilt. You also will have chance to explain circumstances to the judge. In Texas, the fine is usually cut in half and sometimes dismissed if you attend defensive driving school. Call the court that heard your case and ask about process to file the appeal. You may have to post the amount of the fine as bond and sometimes more, which will be reimbursed upon   the appeal trial.
448782
Help us out. How did he contact you? There are exceptions in the DUI laws that allow a police officer to arrest you without observing you driving. Provide some more details and we might be able to guide you better.
539898
Well your first offence will have expired by now, so you wont get more than a few points and maybe a fine.\n\nYou should stop drinking and driving though for your own and the publics sake.
1008593
The best thing you can do is get a hold of an attorney who defends criminal cases and get this over with. If you can not afford one then it is best to turn yourself in and if the police want to question you on the matter, say nothing, just tell them you want to speak to a lawyer. An attorney will be appointed for you if you can not afford one.\n\nThere is always the chance you can get out of it, but not without a lawyer and it will go harder on you if the police catch up with you first.
323223
The government (in this case, the cop who wrote the ticket), always has the burden of proving their case (that *you* ran a red light).  You can show up for court and say nothing, if you like.  \n\nIf, after the cop testifies, you choose to speak, you can.  I'm assuming the cop has his/her reasons for thinking it was you driving, and I'd be willing to bet you contributed greatly to those reasons (switch seats with someone, did you?).\n\nNo, you (probably) don't have to say who the driver was.  The government has to prove that you were the driver and you are allowed to challenge that if you want to try, but it's still the government's burden to prove their case.  However, if you just show up and tell the judge "it wasn't me," you're not likely going to get very far.\n\nEDIT 4.19.06:\n\nSo you've answered your own question, haven't you?  The notice says you may (not must) say who the driver really was.\n\n???
1081816
Best thing is pay the fine. But if you gutts tell you to fight it then you better enter a no contest plea then spill your gutts to the judge. First time offenders are easier to get away with stuff. But you were speeding 20 over so good luck!! (you will need it)
985118
Do a plea with adjudication  withheld.  They can send you to jail if the Judge desires.  Your license was suspended end of story.  Show the Judge that you are currently working to rectify the DUI charges with the state.  Hence, you can ask for some mercy.  Before you go to Court, get your DUI obligations all cleared up (including community service and alcohol counseling if required) and get your license out of suspension if you can.  Get a hardship license if you still have a suspension waiting period. \n\nReally, do your best to make the Judge happy that you are taking your DUI suspension seriously.\n\nGood Luck and Take Care
939269
Well, kiddo you should have taken care of the fine right away but, since you did not you will have to suffer whatever the law states in your particular circumstance.\nTurn yourself in, if you have the opportunity to go before a judge that would be the best option. If you have a clean record other than that you may get by with probation & a fine.\nGood luck.
234706
If that was me I would call the court house in S.Cal. and ask some one what u can do . You might just have to pay a small fine, Just tell them u forgot all about it since it was so long ago . Things like that have a way of finding you . So get rid of it and Chill....
679173
First do not drink too much and drive. If you do have a couple of beers or glasses of wine at dinner and are of average weight, you should be ok. There are charts available that can give a gauge as to how many drinks you may have in a given time period for your age, sex and weight. This is a gauge only and can be affected by amount of food in your stomach etc. \n If you are pulled over and believe that you are not impaired then the best policy is to cooperate and be polite. In most states you would have had to be pulled over for a traffic infraction or based upon reasonable suspicion of impairment (most cases of reasonable suspicion would fall into a traffic violation category anyway). Many officers are specialists in DWI stops and will conduct the stop in a certain way to gain evidence of impairment. This will include your speech, mannerisms, odor of alcohol, coherence etc. If the officer is not satisfied that you are sober upon this first encounter he may ask you to exit the vehicle. He has every right to ask the driver of a vehicle to exit the car, this was part of a Supreme Court decision. \n  He will observe how you walk and interact with him. He will then ask you to take some Field Sobriety Tests. These are standardized tests. You can refuse. However this will turn the stop confrontational. An arrest for DWI can be made by officers prior observations of your driving, and the first encounter. If the officer thought you drove poorly enough to pull you over, that is strike one in his head, an odor of alcohol is strike two, a slight stumble out of the car and a refusal to take tests will most likely end in your arrest. Again if you are confident in your sobriety cooperate and be glad someone is out there potectiong the roads from drunks, hopefully the officer will have reciprocated your kindness with his own profesionalism.