The cop pulled me over and asked me questions...I answere no or yes....then says I smell alcohol your slurring your drunk...so I go to pull my phone he sees that and runs around the car to the drivers side as I go to record I say I'm gonna protect...
What did officer did is outrageous. It really amounts to the destruction of evidence. You should have a right to record anything you say when speaking to an officer.
However, your officers attitude is very common.
If you get the right judge, you might be able to persuade him or her that the officer's behavior renders the entire detention unreasonable and therefore unconstitutional. Look for an attorney who is a member of the California DUI lawyers Association. I wish you the best of luck.See question
I was heading north bound on a big Avenue and a CHP unit was heading southbound on that same avenue. I turned left on a residential street. I noticed the unit decided to follow me. He pulled me over and stated he paced me at 35 on a 25 zone (not t...
Your odds are only as good as the judge that hears your case. On the speed issue: 35 in a 25 mile an hour zone may not be "unsafe for conditions." This is a very common issue, and your public defender should be aware of it. Just to make sure, you can go to the department of public works and ask for the speed survey for that section of the road. That will show you how fast people usually travel on that road. If 85% of them go 35 miles an hour or more, you're in great shape to argue that your speed was not unsafe for those conditions. Other factors, such as traffic on the road, pedestrians, driveways to businesses or homes, etc., will all have an impact on the reasonableness of your speed under the specific conditions.
As far as the air freshener goes, you may be able to persuade the judge that the officer is retroactively fabricating his or her ability to see the air freshener. Be creative and take pictures/video of your car with the air freshener, from the distances shown in the police video. It comes down to the commonsense ability to persuade the judge that there's no way the officer could see the air freshener until after you were pulled over. Bring the documents to your public defender well before any hearing, so that he or she can subpoena at the public works records in time to get them to court. Best of luck!See question
Back in 1998 my Brother had a DUI which he got booked in for and then later bailed out that night. He never showed up to court and on top of that used a different name from that of his when getting booked in. is there anything at this point he can...
It's a shame that he's suffering such drastic consequences over a misdemeanor DUI (unless he caused injury or its his 4th).
He should find the best lawyer he can in the County where the warrant issued to advise him of the best way to unravel the mess. Start with http://california-dui-lawyers.org to find someone with DUI expertise. I wish him luck.See question
I was under the impression that i had 2 years from the time u enroll to re enroll or pay your payment? Will i lose all my credits? I was 13 class s away from completion on a second offender class.
You should contact the program quickly and work it out with them. It's up to the program whether or not they give you credit for past attendance.
Each approved program is supposed to offer fees on a sliding scale, so if your financial situation makes it impossible to pay, they should try to work something out with you. Unfortunately, in this situation, the program holds all the cards in terms of giving you credit for past efforts. Best of luck.See question
My case expires on February 17,I have a little over a month to go, I was told to do nothing g and lay low, can please someone be more elaborate and in detail on what I need to do wit the DMV and what I need to do to seal or expunge the arrest? Ple...
Once the statute of limitation runs, then you can safely bring a petition to seal and destroy the arrest record. The petition requires 60 days notice to the arresting agency before you can litigate the motion in court. The agency may respond before the 60 days, but that is unusual. If they deny the petition then you can go into court and ask for the relief.
Keep in mind, that you will have the burden of proof. You will have to show that, given the benefit of hindsight, there were no grounds to arrest you in the first place. I would suggest consulting with an attorney before attempting the petition. Good luck.See question
ive finished all my classes and payed everything i got a letetr that i can get my dl but i dont want the breathalyzer do i need to get it ?
It depends on the county of your conviction. If you were convicted in Alameda, Los Angeles, Sacramento or Tulare County, then DMV will require a 5 month Ignition Interlock Device installation on a first time DUI. You can call mandatory actions at 916-657-6525, give them your DL number, and they will tell you exactly what is required. Good luck!See question
I was sitting in my car and the Lakewwod sheriffs were dispatched on an unrelated incident. Me and a friend got out of the car walking into Dennys entrance when I was grabbed by a female officer and was arrested for an DUI, after released I never ...
It sounds like you may have a very strong defense--no evidence you were driving. Then again, you need to see what prompted the deputy to arrest you. Since you failed to appear, the court notified DMV and they suspended your license. You should hire an attorney to "recall the warrant" and defend your case. If you can't afford an attorney, contact the public defender and ask them how best to proceed. When the warrant is recalled, it is important to ask the court to issue an "abstract" showing that you have appeared on the case. DMV will not reinstate your license without it.
There may be other ways to fight the DUI in addition to the "no driving" defense. In addition to traditional tactics, such as attacking the accuracy of chemical tests, you may be able to use "technicalities" such as your right to a speedy trial to get your case dismissed. If you gave your correct address when you were arrested and you have not moved since then, your attorney can argue that the DA had an obligation to arrest you on the warrant before the evidence went completely stale or was destroyed.
If you're looking for an attorney, ask if they are a member of the California DUI Lawyers Association. Or check here: http://www.california-dui-lawyers.org/ That will at least demonstrate a commitment to the defense of DUI.
Good luck!See question
was my dui dropped?
If the letter says that DMV has "set aside" the suspension of your license, that means you won on the DMV side. However, that doesn't make your criminal case go away. If you're "still in court" I assume you have a lawyer. If your attorney represented you at the DMV hearing, ancall him or her up and say thanks. It's a good sign your criminal case, and I wish you the best of luck.See question
Sheriffs are patrolling my neighborhood frequently. Call log indicates an address close to me has been watched and called on. It only uses the first two numbers of the address, same as mine.. I have two roommates and would like to know if there ...
There are different kinds of warrants. One is a search warrant. The search warrant is issued by a Judge after a police officer or Sheriff's deputy drafts an affidavit explaining why there is probable cause to believe that the fruits of a crime or evidence of a crime maybe located in the house. Many courts organize those by the address searched. You or your roommates can go to the courthouse and ask the clerk to see any warrants issued for that address.
However, law-enforcement is not shy about serving search warrants. They Just come right in and, if you're lucky, leave you a copy of the warrant.
The other kind of warrant, is a bench warrant. Those are issued when someone fails to comply with their probation terms, or if they feel to show up for a court appearance.
You and your roommates should make sure that you done everything you're supposed to do if ever placed on probation.
Yet another kind of warrant is an arrest warrant. Arrest warrants are also issued on probable cause to believe that the person named in the arrest warrant has committed a crime. In California, law enforcement agencies are of the mistaken belief that warrants can only be issued in felony cases. Again, they're usually not very shy about serving them.
If you and your roommates are simply under surveillance, law-enforcement has many methods to conduct surveillance with a very low profile. Sometimes, if particular neighborhood has had a number of complaints or calls about crime, the local law enforcement agency will increase their visibility with neighborhood patrols. Hopefully that's all that's going on. If however you get a knock on the door – it will be a very loud knock, by the way – then keep your hands high in the air and cooperate. Too many people have been shot dead when a warrant is being served. Demand to speak with an attorney, and remain silent until your attorney arrives. Good luck!See question
He was charged with domestic violence.. he got a year in county. He was told he would be out on the 6th are 7th of aug. Im so confussed cause we are being told he will do 1/3 of his time then we are being told he will do 2/3 of his time. Is there ...
You should be able to call the jail and ask them what his release date really is. I would start there. Then, if the release date is substantially different than what the public defender told your boyfriend, you may have some basis to go into court and withdraw the plea, or ask for a modification to meet his expectation at the time of the play. Unfortunately, the system never makes things easy, and they generally don't make it clear. But, his attorney did have an obligation to explain exactly what kind of sentence he was going to get.See question