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Asked in Palm Desert, CA Apr. 28, 2015 ,  9 answers Visitors: 24
DUI (Propable Cause)
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Data From  AVVO

9 Answers

Anonymous
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Posted on / May 03, 2015 04:52:23

Be sure to plead not guilty at your first hearing and either request court appointed counsel or retain a private attorney. DUI consequences are severe and you want an experienced attorney to try and mitigate the legal and administrative consequences as much as possible. Good luck.

Anonymous
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Posted on / Apr. 28, 2015 20:53:31

if he radars or clocks one vehicle and all of you are riding together then yes. If one is going 70 then you all are. You should also be aware that driving 20 miles an hour about the surface streets speed limit is a mandatory 60 days in jail under what is called the speed enhancement unless the prosecutor agrees to strike it you should get attorney to negotiate your case

Anonymous
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Posted on / Apr. 28, 2015 17:51:50

Keep in mind that based on is experience and training he can back-up his radar results with estimated speed, which is admissible in court as well. I suspect challenging the reasonableness of the detention will be difficult.

Anonymous
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Posted on / Apr. 28, 2015 16:16:14

No. They can not clock all three motorcycles at the same time. They can visually estimate if you were all together. Your BAC of .15 is almost double the limit. Schedule a couple of free consultations with a couple of attorneys and than pick the one you like, trust or can afford. If you can't afford an attorney at least get a public defender. You have nothing to lose but much to gain. Good luck to you. I hope this helps?

Anonymous
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Posted on / Apr. 28, 2015 16:06:09

While you may not have a good argument for lack of probable cause, that does not mean that there are not viable defenses. In particular, you do not want to plead to a .15 enhancement pursuant to VC secton 23578, nor get stuck with the enhanced penalties.

Anonymous
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Posted on / Apr. 28, 2015 15:58:15

If you all are going the same speed, the officer only has to clock one of you. Secondly, do not make admissions online. DA'sand the Highway Patrol can see your on line admissions. I suggest that you contact AVVO and have them take the post off line. Third, particularly with your high speed you need a law. They may ding you for a higher penalty, based on your speed. Good luck and I hope this is helpful.

Anonymous
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Posted on / Apr. 28, 2015 15:52:46

Sounds like the officer had more than enough probable cause and you are well over .08%. Expect a DUI conviction.

Anonymous
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Posted on / Apr. 28, 2015 15:35:33

Consult with an attorney in your area. If you were all going same speed the over 35 would be easy without radar and just an estimate visual of speed

Anonymous
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Posted on / Apr. 28, 2015 15:33:09

1) is it possible for one radar gun to clock 3 moving motorcycles speed at the same time?

No, it is not possible for one gun to get the speed of all 3 motorcycles at the same time. Individually, yes. But the gun won't show 3 different speeds for 3 different cycles.

2) Also, can he prove which motorcycle he clocked at 70 if we were riding pretty close together?

He can't prove which motorcycle he did register by any means other than testimony, which is perfectly ok. But if you were all riding "pretty close together", does this really matter? No. If he gets one bike riding at 70 MPH, and the other two are consistently within a certain distance from that bike, logically, that means the other bikes are going about that same speed.

3) Finally, can one clocked speed prove that all 3 of us were speeding?

See answer to number 2. It may not be direct proof, but it is circumstantial, and that may suffice. FYI: There is nothing wrong with circumstantial evidence. It is perfectly good evidence.

That said, there may still be issues with the chemical test and the probable cause for arrest (all which come after the stop). You would probably be better served speaking with someone in person, rather than getting a general answer like this on a public forum.

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