QUESTION
How can I get the statement or testimony thrown out of court?
Asked on Sep 11th, 2012 on DUI/DWI - California
More details to this question:
I was arrested in a disturbance call, a vehicle (running) was parked out front where I was. The arresting officer says he seen me behind the wheel with the door open however did not see me driving. A witness gave statement that I was in fact driving. After several subpoenas and a warrant the witness has not appeared. Does the DA have a case?
3 ANSWERS
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
There is a case, but with no testimony, your attorney can try to keep the out of court statements from coming into trial. Speak to your attorney about it.
Answered on Sep 18th, 2012 at 8:20 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
It depends if there are any believable witnesses. You may have to go to trial.
Answered on Sep 18th, 2012 at 1:07 AM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Does the DA have a case? Yes, or he wouldn't be pursuing it. If the witness testimony is critical to the prosecution winning the case, and he doesn't appear at trial, then a motion to dismiss is appropriate. 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.
Answered on Sep 18th, 2012 at 12:35 AM