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DUI Lawyers in California call this a “rising blood alcohol defense” because we are in a “time of driving” state, meaning the law requires the prosecution prove you were above the legal limit of .08 at the “time of driving”. Although the law requires the government to prove the BAC...
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This is in contrast to the previous suit, which involved extensive discovery (questions for the City to answer), many of which were batted away by the City’s hired lawyers. What the plaintiffs are doing is asking the judges to read their case, and decide on the basis of what is presen...