QUESTION

Will I be able to get my DUI case overturned?

Asked on Nov 26th, 2012 on DUI/DWI - California
More details to this question:
I was heading to my girlfriends house, and got stopped by a red light. Once the light turned green, the Officer behind me turned on his blue lights. I immediately pulled over, and the officer comes to my window and asks for license and registration. When I hand them to him, he tells me to step out of the vehicle. After he checks my pockets and finds nothing, he forcefully ask me (multiple times) where my marijuana was. After realizing I had no choice but to tell him, I finally gave in and told him. Once he comes back to the back of my truck, where he left me standing, I asked him what I had done to be pulled over. He responded "You had a tag light out and I couldn't see your tag." So, I immediately look down and point out that both tag lights were on and working. (My truck was still running) His response "Well, it wasn't back there. And you got kind of close to the yellow line back there in the sharp turn, I have video if you would like to see it." I told him that I would like to see it. And he immediately starts giving me instructions for a field sobriety test. He originally started the "keep your head still, but follow my finger with your eyes" test facing his patrol car, but after moving his finger across my eyesight twice he made me go sit on the front of his car looking away from the camera. After coming to the conclusion I was "high as a kite" and couldn't "safely" operate a vehicle he placed me under arrest. The officer then proceeded to tell my girlfriend he made the stop for "reckless driving" but it wasn't until he returned to his patrol car that he told me I was "swerving all over the road, and he wasn't afraid to show me the evidence." This stop happened after 12 AM on the morning of Thanksgiving. Other than me and the patrol car, there was little to no traffic whatsoever on the road. I was apparently sober enough not to speed through a traffic zone (without cruise control, as my truck doesn't have that feature).
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7 ANSWERS

Administrative/ Regulatory Attorney serving Airway Heights, WA at Clinton Law Office
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You may have a good case. Need to discuss it with a DUI attorney get the tape and review it. There may or may not be probable cause for the stop.
Answered on Apr 15th, 2013 at 6:36 AM

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Criminal Defense Attorney serving Alhambra, CA at 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 Apr 15th, 2013 at 6:33 AM

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John J. Carney
I do not know if you took a breathalyzer or were charged with DWI or driving on drugs. I do not have the documents, police report, or results of the field sobriety tests. Almost everyone arrested for any type of DWI gets convicted of at least the violation of driving while impaired, and if the BAC is over .16 you run the rick of a DWI conviction. You should know enough to hide the pot better and you should never consent to a search or admit that you were smoking pot or using drugs. If you do not understand your rights you are going to get convictions and it will be very hard to get a decent job with DWI or other criminal convictions.
Answered on Dec 05th, 2012 at 1:47 AM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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Yes it is possible for you to successfully fight the DUI charge. In court, the officer and the prosecutor will have the burden of proving that you intoxicated and your girlfriend can be a witness on your behalf is that will help you. You should hire a lawyer immediately and you should not talk to the police without your lawyer present. You don't want to have a DUI on your record.
Answered on Nov 29th, 2012 at 4:50 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Not enough information to answer, but probably not. Probable cause can be just about anything: a slight swerve in your driving, driving too fast, driving too slow, headlights out, tail lights out, failure to use a turn indicator.... etc., etc. If he does have a video of the stop that is great and is discoverable evidence. He took pot from you, so he has that as evidence. Also, how did you perform on the field tests?? My advice: get an attorney. DUI cases are very complex and there is a lot at stake. Dont be foolish and try to handle this on your own.
Answered on Nov 29th, 2012 at 4:49 AM

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Michael J. Breczinski
You want your attorney to file a motion to suppress the results of the illegal stop. There will be a hearing to decide if the stop is illegal and you and your girlfriend can testify. Also your lawyer needs to get a copy of the tape to review it beforehand.
Answered on Nov 29th, 2012 at 4:47 AM

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Yes, but you'll need to hire a DUI specialist. Drug DUI's, although just as serious as alcohol DUI's, are much harder to prove. But you need an experienced lawyer to get it dropped, because a lot of science is involved, and you won't be able to do it on your own.
Answered on Nov 29th, 2012 at 4:45 AM

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