DUI WTF I wasnt driving

So Saturday night my girlfriend weredriving home from Rancho Cucamonga back down to San Diego, She was driving

We get to Murrieta and she pulled off the freeway to getsome asprin out of the trunk, so I got out as well to look at the rear tires(though we heard a noise). About a minute later CHP
Pulls up to as he said (help us). I told him we were just getting somthing from the trunk.
Then he starts with all the questions and stupid test's. Makes me blow in the Breath machine a few times and would not show me what tha number was, My girlfriend asked what the number was and they would not say or show us, him and his partner would turn their back to us and talk to each other and not show us.

So this guy puts cuffs on me and in the CHP car i go. I wasnt driving. He never read me my rights. he took me to another station to do another breath machine and non of them worked to he took me to jail where i did the blood test.

How can he do this when i wasnt even in the car when they found us. I wasnt driving.. I have never been arrested or anything like that

What do i do, I have no money for a lawer. Child support and normal bills are killing me already.

 

Oh man, so sorry to hear this.

 

I'm pretty sure you've got a good case. If you know what the charges are already I'd lawyer up, without a doubt. If you haven't received charges then you might be off already.

 

My ticket shows Two Misdemeanors.

One DUI
the second says .08 but he wouldnt show me or my girl the numbers on the machine

 

If it was Canada, you'd be walkin' away right now.

 

I would assume their car would have footage of the event right? I would think in court that they would need to have some sort of evidence transcribed in order for this to stick? That shit sounds fishy as hell for sure man, I would lawyer up as others said. I would think if it doesn't get thrown out due to lack of evidence already that your lawyer could request these items that don't exist to help your case.

 

File a complaint with CHP internal affairs. You will have to go to court, ask for court appointed attorney. Sucks that you have to go through this.

 

Lawyer up and quit posting about it. It'll suck paying legal fees but duis stick to your record for a while and you'll pay more in the long run in terms of insurance and potential employers giving you the stink eye. Ask around for lawyer recommendations and do a few consultations, not just one. Perhaps there's bodycam/dash cam footage of them that can help. If you were outside a businesse like a gas station then footage there could help as well.

I don't know anything about anything but I do know that every time I haven't used a lawyer I've lost hard and that every time I have used a lawyer I've 'won' (you never win, you just don't get porked as bad).

 

Yeah the CHP dash cam will show us pulled over on the side of the road when they came up to us.
I'm on the drivers side becauce I opened the truck for her she doesnt know where the button is in the Mercedes. I wasnt in the car when they pulled up.

 

You have the right to an attorney, even if you can't afford it, but you wouldn't know that if they didn't read you your rights. I'd not only fight to get the ticket reversed, but fight to have them removed for officer incompetence. You're close enough to Arizona they should fucking know about Miranda rights, and know that it's illegal for them to take you into custody without mirandizing you, even if they don't interrogate you.

 

Isn't .08 the legal limit anyways? Wouldn't it have to be anything OVER .08 for a DUI? If not, they should call .07 the legal limit. Unless you failed field sobriety tests, in which case they're going to charge you. Still really sucks if you weren't the driver.

 

Exactly. And not even necessarily illegal, depending on how they phrase your being held up, just becomes generally inadmissible in court.

https://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html

 

Sure, the way it's written you're correct, but there is legal precedent to consider anything an officer says to you after they take you into custody 'questioning'.

There's a reason officers are trained to read the rights while they are cuffing you.

 

Yup. Circumstantial evidence, sure, but awfully incriminating on the surface.

 

Well then I guess .07 is really the "legal limit". If .08 is a DUI, then it must be illegal, hence over the limit. What about all the campaigns "Over the limit, under arrest"? It's never "at or over" the limit. Not arguing, but I'd bet a lot of people besides myself have always assumed that the limit is just that, the limit. But still legal. Guess not.