Patrick J. Silva - Attorney at Law

A Professional Law Corporation

DuiLawyerSanBernardinoCourt.com 

Who do you want as your attorney? The Master or the student? Patrick Silva has over 21 years of DUI experience, he has been published in DUI reference books, he has spoken in front of hundreds of attorneys at conferences, taught classes to lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI lawyers how to win.  (909)798-1500
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​Call us at Redlands          909-798-1500

         San Bernardino         909-888-7992​

Q: Can I take my dui case to trial, I wasn't driving and was sitting in passenger seat parked ?

Left a bar was drinking because of some personal family issues. So my friend was driving me home... Tire had a blow out. It was 11pm he had to work at 5am. I told him that I will car my family to come and have it towed. So he got picked up and left. I stayed in passenger seat sleeping then a chp knocked on the door and got me out and questioned me about the situation. I told him I wasn't driving and my friend who was had to go. He arrested me for DUI. It's been over a year since I pleaded not guilty and nothing has happened yet....

A: You seem to have waived your right to a speedy trial. You can tell your attorney you want to withdraw the waiver and set the matter for trial. To convict, prosecution has to prove you were operating a vehicle while intoxicated, not sitting in one.