Can/should 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 (5)

  1. Jon William Woolsey

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . Pitchess Motions require that the person claiming the officer did something wrong (in his arrest or detention of a person) must show or state some alternative theory of what occurred. This is usually related to some form of physical violence, excessive force...generally, trickery is not something a judge is going to consider good cause to review the personnel files of law enforcement.

  2. Mark K Rosenfeld

    Contributor Level 14

    7

    Lawyers agree

    Answered . What does your attorney say? I fthere are grounds I would file a Pitchess.

    Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
  3. James C Forslund

    Contributor Level 19

    6

    Lawyers agree

    Answered . You should retain a defense attorney to help you decide this.

  4. Alan Jess Adriance Jr.

    Contributor Level 6

    4

    Lawyers agree

    Answered . A Pitchess Motion is commonly filed when there is at least a credible allegation of police/officer misconduct. If granted, it would entitle you to obtain information about prior complaints in other cases, that the officer engaged in similar types of misconduct.

    If there is indeed evidence of other complaints against the officer, this fact is useful in impeaching the officer's credibility thereby weakening the case against you.

    An affidavit or declaration must be filed to demonstrate that there is good cause for the motion.

  5. Barry Franklin Poulson

    Contributor Level 20

    5

    Lawyers agree

    Answered . As stated in your duplicate post, "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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