QUESTION:
got pulled over, the cop had my friend take my car, gave me a ticket and let me go.
ANSWER:
You can send an attorney to appear in court without you pursuant to Penal Code Section 977. Unfortunately, you can’t read too much into being cited and released. The fact that you weren’t taken to county jail probably will not affect the DA’s decision on whether to prosecute. I also notice that people sometimes think they blew exactly a .08 percent because they see Vehicle Codes Section 23152(b) on their paperwork which reads as “driving with a BAC of .08 or higher.” Generally, the actual BAC measured is not listed on the citation – though it is certainly possible that your breath test was a .08 if that’s what you were told. If possible, you should hire a lawyer to assist you with the misdemeanor case and DMV hearing.
