Can one file a Pitchess motion on the arresting officer of a felony dui?

Asked over 1 year ago - Mission Hills, CA

If one was arrested for felony dui as a result of a traffic collision caused by another vehicle running a red light, is it possible that the officer's probable cause for issuing a blood test was not valid (I.e. coercing the defendant into stating he had a few beers prior to the accident)?

Attorney answers (4)

  1. Yan Erick Shrayberman

    Contributor Level 9

    10

    Lawyers agree

    Answered . Can one file a Pitches? Yes, the officer's credibility is always in question, however your attorney should make that decision as the motion itself is particular to the facts.

    All my responses to any questions are for entertainment purposes only. You should ALWAYS consult an attorney to... more
  2. James C Forslund

    Contributor Level 19

    10

    Lawyers agree

    Answered . You need to retain a defense attorney to help you make this decision.

  3. Neil James Fraser

    Contributor Level 15

    8

    Lawyers agree

    Answered . A Pitchess motion is always available if there are grounds for seeking an officer's personnel file. Good cause has to be shown as to how, say, prior acts of unreasonable force may be relevant to your defense. The police are loathe to give up any personnel records and will oppose any such motion.

    It is important to be represented by an attorney familiar with the state of the law in this area. The alleged facts need to be reviewed carefully to see if grounds exist for the motion. What you have written is not sufficient in itself. Disputed facts are not the key to a Pitchess being granted and the court will ignore conclusions drawn therefrom as improper.

    Talk to your attorney, if you have one, to determine if the motion is well-taken. If you are not represented, I'd advise you to retain an experienced defense attorney if you want to explore these issues with any success.

  4. Barry Franklin Poulson

    Contributor Level 20

    7

    Lawyers agree

    Answered . It is important to retain a criminal defense attorney to evaluate the question of coercion and to represent you in the drunk driving case. Likely the officer will deny using force to elicit your confession.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more

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