QUESTION
Can I challenge an officer's reason for pulling me over for DUI?
Asked on Dec 26th, 2012 on DUI/DWI - Utah
More details to this question:
I have been going to the same bar for over ten years now. As usual, there is a cop that hangs out in the parking lot next to the bar. Cops like to fish for DUIs at this particular bar. I knew he was there and I saw him follow me when I left. I drove so carefully, watching him the entire way home. On the street leading up to my house, the lights went on and he pulled me over because I was "swerving". I only had a couple of drinks at the bar and definitely was not swerving. Regardless I ended up blowing a .08 and got arrested for DUI. Can I fight this whole "swerving" thing? Does it always hold up in court or can I challenge an officers judgement that I was "swerving"?
9 ANSWERS
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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You can subpoena his dash video. Other than that, your prospects are dim Downing Law Firm.
Answered on Jul 17th, 2013 at 1:15 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You need a lawyer representing you. And, if you are aware of others who have been stopped by this officer, that may be information that could help your lawyer in your case.
Answered on Jan 04th, 2013 at 3:42 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 01st, 2013 at 12:00 AM
Gary Moore
Your question is worth a conversation with lawyer.
Answered on Dec 31st, 2012 at 11:58 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can question the officer's conclusion that you were swerving. However, unless you have a witness other than yourself, it will be difficult. You would do well to find a good lawyer experienced in OWI defence. Feel free to call our office for more information.
Answered on Dec 31st, 2012 at 2:35 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Yes you can always present a defense to the charge. An attorney can help with this process.
Answered on Dec 31st, 2012 at 2:17 PM
Michael J. Breczinski
Yes you can challenge it in a hearing before trial. You may want to get several witnesses as to the cops usual practice of sitting outside the bar.
Answered on Dec 31st, 2012 at 1:26 PM
Yes. You need to hire a DUI specialist to file a 1538.5 motion to challenge the stop in court. You also need to have your lawyer request a DMV hearing, and you better do it soon because you have only 10 days from the date of your arrest.
Answered on Dec 31st, 2012 at 1:25 PM
1 Award
Yes, it may be worth fighting. If an officer was following you for a long time and all he could come up with is that you were "swerving" then a judge may suppress the evidence. Also, if you blew a .08, you could argue that the breathalyzer was off by .01 or so and you weren't drunk at all. Hire a lawyer immediately to help you and you may get an acquittal.
Answered on Dec 31st, 2012 at 1:19 PM