Rumsey, CA DUI Law Firms & Lawyers

You have major problems. You are on probation for DUI, you drove without a license and without the interlock, all in violation of your DUI sentencing order and in violation of probation. You have new charges to deal with and what ever comes from those; however, the judge is also holding the remainder of the jail time (up to a year) from the DUI case, for which he could impose a portion or all of the jail time. I would recommend that you get an attorney to help you with this.

This would ultimately depend upon the specific facts of your case. Were you driving under the influence prior to the officer arriving at the home? Did any officers witness your driving behavior before you arrived at the home? Why did the officers make the arrest at a residence instead of stopping you on the street? If the police report indicates that your driving behavior was witnessed by a police officer and determined to be erratic enough so as to legally stop you, then the fact that you were later found at a residence won't necessarily dismiss your case. The prosecutor will have to determine whether the officers followed proper procedure, and what led to the officers making the arrest for a DUI at a residence. Assuming that there are no procedural mistakes found within the police report, it is unlikely that the prosecutor will dismiss the case. At that point in time, if you feel that this is an improper charge, then you would have to take it to trial. Again, with the limited amount of information that I have at this point, I unfortunately can not tell you whether any procedures or legal rights were violated. It is entirely possible for an officer to legally arrest you for a DUI at a residence, depending upon the specific facts of why and how it occurred.