QUESTION
Do we have a chance of dismissing this case due to the fact we have proof that the cop was lying?
Asked on Aug 25th, 2012 on DUI/DWI - California
More details to this question:
I was driving with four friends in San Francisco. After a little of loud chatter, we were pulled over. The officer asked if we know why we were pulled over. I responded with no. The officer then proceeded to say that we were yelling," fuck the police," and " fuck police." After that, he asked me if I was drinking then I started with no, but then told the truth and said I was. I blew a .05 and I am only 20 years old. What the officer does not know is that we had a video camera, which retold the night’s events. The video proves that we never said, "Fuck the cops," in any way. The cop lied for the reason he pulled us over. Thank you for taking the time to assist me.
8 ANSWERS
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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You need to hire a lawyer to file a suppression motion. The basis of the motion will be that there was no probable cause to detain. If the motion is granted, the evidence gets suppressed and the case will go away.
Answered on Sep 05th, 2012 at 8:35 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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This issue would have to be fought out in a motion to suppress and/or a trial.
Answered on Sep 05th, 2012 at 8:29 PM
The officer must have probable cause to pull you over. If he did not then everything that happened after he pulled you over is inadmissible and the charges must be dismissed.
Answered on Aug 30th, 2012 at 8:23 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Lying? OR, telling his version of what he heard and saw as probable cause to stop you. Dismissal of charges? Not likely. You admitted drinking and driving. If I were you, I'd hire a good attorney and listen to his advice on how to handle the case.
Answered on Aug 30th, 2012 at 1:42 AM
Interesting facts. You'll need an experienced DUI lawyer to decide if there's enough favorable evidence to file and win a Motion to Suppress.
Answered on Aug 29th, 2012 at 10:35 PM
Even if you said that, it was an illegal stop. There is no law saying you cannot say "Fuck the cops." You have a defensible case, and you need to hire a DUI specialist to defend you. And don't forget about the DMV. You have only 10 days to save your license.
Answered on Aug 29th, 2012 at 2:50 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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If the officer did not have probable cause to pull you over you might be able to get the case thrown out. Bit probable cause can be based on what the cop thought he heard. What were you guys yelling? It will be worth getting an attorney to help you. Otherwise your CDL will be suspended by the DMV.
Answered on Aug 29th, 2012 at 2:11 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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If his probable cause to pull you over was the, fuck the cops chanting, he will testify that's what he heard and will argue a good faith exception (he had a reasonable belief regarding the chanting). Get an attorney.
Answered on Aug 29th, 2012 at 12:34 PM