Legal Question in DUI Law in California
Can someone please tell me what to expect and if the evidence I gathered proving that the arresting CHP Officer has exaggerated and even lied about the truth will help if submitted to the Hearing Officer?? IE:
1. (Most Important) - After the CHP Officer gave me their several physical field sobriety tests along with having me blow into their breathalyzer (which was .000% all 5 times I'd forcefully blown in it while the other while them other Officer was still searching & I believe taking its w/o my knowledge or permission from my vehicle in detail-believing that I was distracted by their "tests" but when I finally asked what exactly he was doing after he found and opened a sealed manila envelope w/a black bag of my prescription bottles(meant to be shown ti my new Primary Care Physician ONLY)-He said that he was looking for my car insurance stating like because I was earlier!! (2. I have no working electric inside my old '98 MVP Van so it was difficult for me to see if I was handing the Officer my CA DL or ID card & a struggle looking for my proof of insurance too-w/no help/light from them either of course! According to the report I handed him my ID-even though I gave him my DL was found and taken later when there was lighting available!) IN THE OFFICERS DUI ARREST REPORT IT SPECIFICALLY STATES THAT I WAS TO BE SEEN AND CLEARED BY AN ER DOCTOR DUE TO MY MEDICAL CONDITIONS AT THAT TIME...I OBTAINED A COPY OF THE OFFICERS SAID CLEARANCE WHICH VERIFIES THAT I WAS AT THE ER THAT NIGHT BUT WAS NOT SEEN BY ANYONE AT ALL! (Not an MD, RN or even a Medical Assistant!!) Rather signed in by the Officer-cleared for booking and signed out..not even having my temp taken-yet them Arrest report specifically states Medical Clearance REQUIRED!!!??
* The arrest report also states that I was pulled over due to a civilian calling CHP regarding a possible Drunk driver in a dark SUV with a damaged rear bumper. However, I was driving a black 1998 Mazda MPV Van with a grey bumper that is not damaged but only has an old small dent on the driver-side rear corner of it. I was not given any other traffic violations because I was not violating any traffic Laws either.
Do I have a good case for dismissal for both the DMV Driver Safety Hearing & My DUI Court Hearing???
2 Answers from Attorneys
It does dound like you have some good facts, but don't think it will be an easy win. These cases are never easy. Always think, "what else could I get to prove a lie?" Might want a copy of the 911 call. If you need the help of a quaified attorney, give us a call. It would be a pleasure. ........David Wallin
You have some defenses to raise in dispute of the facts. That doesn't guarantee a 'good case for dismissal', only a case to argue in motions or plea bargaining with the DA, or to the jury at trial. Those are your options.
When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you fight the criminal charges and get the best outcome possible, using whatever defenses there may be.
A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
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