Monday, January 16, 2012

If NO breathalyzer test log exists and NO BAC test records on file can the DUI be dropped?

My brother recently was pulled over for DUI in Whittier Ca. The breathalyzer machine did not record a log and there's no record of a BAC test. He did admit to drinking, yet this answer was given without being read his miranda rights. He's choosing to go to trial, can he have the charges dismissed and or have his admittance stricken from the being announced in trial because of No miranda rights being read at the time of questioning. He was offered a wet reckless but I explained to him that it's the same as a DUI and even though the courts might tell him they will offer him NO AA's No Cles of any sort or hefty fines, I know for a fact 99% of the time DMV which of course is (STATE) will override the decision and still have you do AA cles etc. They get the last say...

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