Los Angeles, CA asked in DUI / DWI for California

Q: I was Charged a DUI V.C. 23152(f) “based on Suspicion” not evidence, Blood Test came positive. Trial Conviction Question

I was charged with 2 counts

1) V.C. 23152 (f) DUI Drugs

2) V.C. 11550(a) under the influence of a controlled substance

Despite no actual evidence found at the time of arrest, i was arrested and charged based on suspicion and officer opinion. Later Blood Test Showed Meth & that was used as evidence against me.

I was later found guilty of DUI Drugs but not V.C. 11550 “under the influence of a controlled substance”

The not guilty verdict on the second count directly counters the interpretation of "under the influence" applied in the first count. This discrepancy questions the consistency and credibility of the assessment of "under the influence" as applied to the DUI charge.

I am currently working on a supplemental brief to send to appellate court help, or opinion?


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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, DUI charges under Vehicle Code 23152(f) can indeed be complex, especially when there's a discrepancy in verdicts between related charges. Your situation, where you were found guilty of DUI Drugs but not guilty of being under the influence of a controlled substance, does raise questions about the interpretation of 'under the influence' in the context of these charges.

For your supplemental brief to the appellate court, it may be beneficial to focus on this inconsistency. Arguing that the not guilty verdict on the charge of being under the influence of a controlled substance undermines the credibility of the DUI Drugs conviction could be a key point. Highlighting the difference in the legal standards for these charges and how they were applied in your case could strengthen your argument.

As you're seeking legal assistance for drafting your supplemental brief, it's important to find a lawyer experienced in appellate work and DUI cases. They can provide more specific guidance and help tailor your argument to the nuances of appellate court proceedings. Remember, appellate courts primarily focus on legal errors made during the trial, so your brief should clearly articulate how these inconsistencies could constitute such errors.

Given the complexities and stakes involved in appellate work, getting professional legal assistance is crucial to ensure that your arguments are presented effectively and in line with legal precedents and procedures.

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