QUESTION
Can a DUI be dismissed if the cop tells you to drive the car over a few feet?
Asked on Oct 22nd, 2012 on DUI/DWI - California
More details to this question:
If you stop in the middle of the road as soon as you get pulled over and he tells you to move it to the side.
8 ANSWERS
William C. Gosnell
No.
Answered on May 21st, 2013 at 1:56 AM
1 Award
That is not going to get your case dismissed. There may be other grounds to contest the DUI, but without knowing more about your case, it's hard to say. You should hire an attorney as soon as possible.
Answered on Oct 23rd, 2012 at 3:45 PM
Why, he couldn't possibly be sure you're intoxicated until he does some field sobriety tests. He made you move off the roadway for yours & his safety. Try another approach.
Answered on Oct 22nd, 2012 at 9:11 PM
Michael J. Breczinski
No the DUI would be for what was going on before the stop. Why would you think it should be dismissed?
Answered on Oct 22nd, 2012 at 9:11 PM
Criminal Defense Attorney serving Syracuse, NY
Partner at
Christopher & McQuillan, LLP
No. This would not be a reason for dismissal. It was likely done for the safety of you and the officer.
Answered on Oct 22nd, 2012 at 9:10 PM
Criminal Defense Attorney serving McKinleyville, CA
at
Law Office M. C. Bruce
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If you were parked on the side of the road, not moving and the engine not running, and the cop told you to move the car, you might have a defense. But if you're in the middle of the road, then you clearly have been driving. That's when the questions begin about when you were driving, etc. Hire a lawyer to help you develop your defense.
Answered on Oct 22nd, 2012 at 9:10 PM
No. I don't know why you would think that this would result in a dismissal. It makes no rational sense.
Answered on Oct 22nd, 2012 at 9:10 PM
Michael Paul Vollandt
No. I think it is still good. If you had the car parked and he told you to move it it is a different story.
Answered on Oct 22nd, 2012 at 9:09 PM