Ruth, CA DUI Law Firms & Lawyers

You will need proof of insurance, SR22 form. There will probably be a reinstatement fee, usually $125. If it was you were ordered to do a program, then proof of that program, in case the DMV did not get proof from the provider. Those are the basics.

You do not have to have an attorney. You can tell the judge that you want a trial. The police officer will have to testify and you can cross examine him. You do not have to testify. If the officer does not show up for trial, you can ask the judge to dismiss the charges.

The most important factor is that the break in happened in 'the last few weeks'. Probable cause has to be based on reasonable articulable facts making it likely that a crime was committed and that the person stopped is the person who committed the crime. There is no way that a two week old break in in the same neighborhood gives a cop reasonable suspicion or probable cause to hassle someone sitting in their parked car. On a side note, you need to fight the DUI. The D in DUI stands for driving and in California that means that there is actual movement of the car. Without that, there is not probable cause to arrest and it is not a lawful arrest because the misdemeanor did not occur in the officer's presence (PC 836). Additionally, to prove that your blood alcohol content was .08% or higher at the time of driving (there's that D again), the cops, prosecutors and lab technicians (who will testi-lie as to your BAC at the time of driving) need to know WHEN you were driving.