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P v Eric H

June 2017

Eric was stopped by CHP for making a right turn on a red light without stopping. He did the roadside field sobriety tests, refused the roadside (pre-arrest) breath test (which he has a right to do). After being arrested Eric then refused any chemical testing (this is the test that California law says you are required to take). The officer then obtained a warrant and took Eric to the hospital for a blood draw. Though not on probation, Eric also had a prior DUI within 10 years.

The blood test came back .13 and Eric was charged with (1) driving under the influence of alcohol and (2) driving with a BAC of .08 or more. He was also charged with two enhancements: (1) prior DUI and (2) refusing to take a post arrest chemical test.

Result: The District Attorney dropped all charges and enhancements and Eric plead to a wet reckless (meaning no enhancements, no ignition interlock (IID), 12-hour DUI school instead of an 18-month DUI school, no jail instead of the minimum 10-days on a second offense, no alcohol terms except when driving, no license suspension by the court, and a lesser fine).

Practice area(s): DUI / DWI

Court: Shasta County Superior Court

Robert Lee Hamilton

My goal is to defend or represent your rights as though they were my own. In other words, my goal is to pursue every legal process possible on your behalf and to act as quickly and as thoroughly as possible. Call me for a free CONFIDENTIAL consultation and I will examine your legal situation and discuss your legal options.

Attorney Robert Hamilton

My name is Robert Lee Hamilton and I'm a California DUI, Criminal Defense, Personal Injury and Landlord-Tenant Lawyer.