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AV Preeminent Peer Rated Attorneys
Samoa Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Samoa Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • Po Box 1254, Eureka, CA 95502

  • Law Firm with 1 lawyer1 award

  • A law firm practicing dui/dwi law.

  • DUI/DWI LawyersEnvironmental Law, Criminal Law, and 4 more

Kathleen Bryson
DUI/DWI Lawyer
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Janssen Malloy LLP

4.7
49 Reviews
  • 730 Fifth St., Eureka, CA 95501

  • Law Firm with 11 lawyers3 awards

  • Civil & Business Trials. Insurance Defense, Real Estate, Estate Planning,& Probate.

  • DUI/DWI LawyersPersonal Injury, Civil Litigation, and 4 more

  • Free Consultation

Patrik Griego
DUI/DWI Lawyer
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  • 2355 Central Avenue, Suite 120, McKinleyville, CA 95519

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  • 309 O St., Eureka, CA 95501

  • 816 3rd St, Eureka, CA 95501

  • 1026 3rd St., Eureka, CA 95501-0543

  • 628 "H" St., Eureka, CA 95501

  • 732 5th St., Ste. E, Eureka, CA 95501

  • 324 "I" St., Eureka, CA 95501

  • 867 Beverly Way, Arcata, CA 95521-6561

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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75 %

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30 Peer Reviews

Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Should I go to trial if I am being charged for a DUI when my BAC was .05 but the cop thinks I was stoned at the time?

Gregory Casale
Answered by attorney Gregory Casale (Unclaimed Profile)
DUI/DWI lawyer at Gregory Casale, Attorney at Law
I would have to see the police report and the Commonwealth's evidence against you before I would advise whether or not to go to trial. However, a BT of .05% is below the legal limit. You shouldn't even be charged with OUI alcohol with that reading. OUI Drugs are very hard cases to prove on the part of the Commonwealth since there are no standards that show how much marijuana is required to impair your driving. There is no .08% standard like with alcohol to measure you against. I would definitely have a consultation with another attorney. If you can afford private counsel, you should get a copy of your police report and make an appointment with a good OUI lawyer. I don't think I have ever pled an OUI drugs. The cases are just too hard for the DA to prove. All that I say applies only to Massachusetts. If you are from another state, disregard anything said here and consult an attorney in the state where you are charged. In MA, there is barely any difference between the sentence from a plea and a Guilty at trial for an OUI, which further causes me to lean towards trial in cases that are close calls. I am not even sure if your case is a close call. I don't know what type of "expert" your lawyer spoke to but I would want to know their credentials before taking their advice. Until the Commonwealth comes up with standards that show, through scientific analysis, what it takes to "impair" one's ability to drive from smoking pot, I would be inclined to try OUI drug cases. It sounds like they don't know how much you smoked, when you smoked, how strong the marijuana was or your tolerance to marijuana. Without being able to identify all or at least most of those issues, it seems like a lot of reasonable doubt to me.
I would have to see the police report and the Commonwealth's evidence against you before I would advise whether or not to go to trial. However, a BT of .05% is below the legal limit. You shouldn't even be charged with OUI alcohol with that reading. OUI Drugs are very hard cases to prove on the part of the Commonwealth since there are no standards that show how much marijuana is required to impair your driving. There is no .08% standard like with alcohol to measure you against. I would definitely have a consultation with another attorney. If you can afford private counsel, you should get a copy of your police report and make an appointment with a good OUI lawyer. I don't think I have ever pled an OUI drugs. The cases are just too hard for the DA to prove. All that I say applies only to Massachusetts. If you are from another state, disregard anything said here and consult an attorney in the state where you are charged. In MA, there is barely any difference between the sentence from a plea and a Guilty at trial for an OUI, which further causes me to lean towards trial in cases that are close calls. I am not even sure if your case is a close call. I don't know what type of "expert" your lawyer spoke to but I would want to know their credentials before taking their advice. Until the Commonwealth comes up with standards that show, through scientific analysis, what it takes to "impair" one's ability to drive from smoking pot, I would be inclined to try OUI drug cases. It sounds like they don't know how much you smoked, when you smoked, how strong the marijuana was or your tolerance to marijuana. Without being able to identify all or at least most of those issues, it seems like a lot of reasonable doubt to me.
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Will my someone who is underage get a DUI even if they blow under a .08?

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Answered by attorney Thomas Frederick Mueller (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Thomas F. Mueller
There is a Cal. Veh. Code Section that allows for prosecution of minors even if below .08. But the D.A. doesn't use it very often. With the help no a good lawyer the charge can probably be reduced and the 1 year license suspension avoided.
There is a Cal. Veh. Code Section that allows for prosecution of minors even if below .08. But the D.A. doesn't use it very often. With the help no a good lawyer the charge can probably be reduced and the 1 year license suspension avoided.
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How can I keep my CDL after my first DWI?

Richard B. Jacobson
Answered by attorney Richard B. Jacobson (Unclaimed Profile)
DUI/DWI lawyer at Richard B. Jacobson Associates, LLC
It's a very hard situation. Find yourself an extremely skilled lawyer, and see if he or she can convince the prosecutor to amend the charge to something other than OWI (= DUI).
It's a very hard situation. Find yourself an extremely skilled lawyer, and see if he or she can convince the prosecutor to amend the charge to something other than OWI (= DUI).
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