Q: Can international law help me protect my rights against a DUI case in Southern California?
A: How do you think international law help defend your case? Generally, when you visit or are a resident in a country you agree to follow the laws of that country, especially the laws relating to activities that are criminal.
A: As a practical matter, the answer is no. It is an interesting question, but it needs to be more specific as to the international law, the right, and the type of DUI case you have in mind. Superior courts must follow the laws enacted by authoritative legislatures or courts in their jurisdiction. In California that means the state legislature, voter initiatives, and certain state and federal courts and the US Supreme Court. All other laws, or rulings of other courts - including other authorities as well as international law - do not even have to be considered, but they may be if the judge is so inclined and has discretion over matters which they address. These other laws and authorities could be referred to as persuasive "help", but not as binding authorities.
the quick answer is not likely.
you are subject to the laws of the jurisdiction in which you are confronted.
it wouldn't make sense to apply the law of another state for a DUI where their criteria may be .10 in determining guilt or innocence of driving with a .08 ....which is the legal limit in Calif.
you don't get your choice of forums/laws.
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