California | DUI Law
Legal Question
i was charged with a dui in 2010, the officer stated i was pulled over due to registration being late, my registration was 8 days late. i however do not feel that the officer was behind me long enough to run my plates, as he had just got behind me as i was turning a corner and he immediatly pulled me over. he did not state at the beginning of the interaction that it was for registration or anything really he just jumped right to the dui investigation. he did not have one of those devices that runs all plates in the vicinity automatically, and my video of the pullover does not show that i was driving in any incorrect way. the prosecutor filed the charges around 130 days after the arrest, however the police department of the area states after 112 days (per policy) they had to destroy the dispatch logs that would show the time he ran my plates which i could match to the time on the camera to prove he had no reason to pull me over. so because of the delay in prosecution, i now do not have the required paperwork to prove i was pulled over legaly. does this seem like a case that should have a serna motion for dismissal, and if so is it likely to be dismissed?
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