QUESTION
Can I receive a DUI if I was over the limit, said my car wouldn’t start, but the police lied about seeing me drive?
Asked on Mar 11th, 2013 on DUI/DWI - California
More details to this question:
I was sitting in my car after attending a function in which my sister was injured and comforting her. My keys were in the ignition because I had to roll down the window to ask some people who were knocking on the window to stop. A police officer arrived from the event and called a highway patrol officer to assess me for a DUI. I was over the limit, but never drove. In fact, I was looking for a card for the number for a taxi when the officer arrived. The p.o. from the event fabricated a story about following me driving, witnessing me doing damage to my car, etc., none of which is true. My license was stayed by the DMV, but the DA still wants to prosecute me for a DUI. How is this possible?
4 ANSWERS
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 case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Mar 13th, 2013 at 5:03 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The question is believability at a trial. The DA could put on the witnesses and leave it to the jury to decide whether you were driving.
Answered on Mar 12th, 2013 at 11:12 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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CAN you receive a DUI? Well, DID you?? When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement 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. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. 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, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does.
Answered on Mar 12th, 2013 at 9:30 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You definitely need to fight this. While its still relatively fresh, you need to get witnesses names and statements. You need to do a Pitchess motion to see if others have complained about this officer lying.
Answered on Mar 12th, 2013 at 3:14 PM