P v Brandon B
All Charges DISMISSED (and enhancements). After a car accident in Shasta County, Brandon properly asserted his right to refuse the pre-arrest breath test (because he was over 21 years and was NOT on probation for a prior DUI) and was arrested for DUI. As required by California law, he then blew into the post arrest breath test and the results came back .43 and .41 BrAC (breath test); yes you read that right.
[Note that it is important to distinguish between the pre-arrest breath test and the post-arrest breath or blood test because Cal Veh Code § 23612(i) give persons a right to refuse the pre-arrest breath test (so long as they are over 21 years and NOT on probation for a prior DUI) but this statutory right does NOT extend to the post-arrest breath or blood test].
Brandon later retained HAMILTON LAW (Attorney Robert Lee Hamilton) and all CHARGES and ENHANCEMENTS were dismissed.
All charges are defensible.
Cal Veh Code § 23152(a) Driving Under the Influence of Alcohol. DISMISSED;
Cal Veh Code § 23152(b) Driving While Having an 0.08% or Higher Blood Alcohol Concentration. DISMISSED; and
Cal Veh Code § 23578 [high BAC .20 or more)] - DISMISSED.
Practice area(s): DUI / DWI
Court: Shasta County Superior Court