Do I have a case for dui (w/refusal) dismissal?

Asked over 1 year ago - Marina, CA

I got the dash-cam video from DA. The cops never supplied a "working" copy. Dash-cam shows:
A. the cop never admonished me, counter to his testimony during a Ca. DMV hearing.
B. Cop complaining, he won't get "credit" for d.u.I., prior to SFST.
C. Cop says "nothing obvious", after initial talking w/me, after "high-risk" stop.
B. Same cop saying I'll get a DUI, prior to SFST.
C. Cop saying, I was speeding, though video shows, I was stopped @ a stop-sign, when I 1st appeared on dash-cam.
D. Cop wrote, I only ate a burrito, in report, though I'm heard saying, "I had a burrito and some tacos".
E. Cop says I was swaying, no such behavior visible. I was articulate (no slurs/confusion), polite, quickly responsive, & co-operative.
F. Video ran out. SFST was not recorded.

Attorney answers (5)

  1. Joel M. Hermsdorfer

    Contributor Level 6

    5

    Lawyers agree

    Answered . Sounds like you have some arguments to make, but that doesn't mean your case will be dismissed. The key factors are still going to be what your BAC was, whether you were driving, and how your performance was on the FSTs. Minor discrepancies alone will not result in a dismissal.

  2. Sarkis Jacob Babachanian

    Contributor Level 12

    5

    Lawyers agree

    Answered . First, make sure you request a DMV license hearing within 10 days of your arrest or you may end up unwittingly waiving your hearing rights.

    Next, funny how those audio/video tapes run out at just the right moment. May be useful.

    Finally, the facts matter. Your take is interesting and provides something to work with, but there are still some unanswered questions. You should immediately consult with an Avvo DUI attorney in your area.

  3. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . While it's great that you got the video and clearly have some things to work with based on the content of the video, there is much more information needed in order to give you a valid opinion. If the case can be dismissed, hiring a DUI attorney gives you the best chance of making that happen. You can use avvo to find a few that are local to you and give them a call - most will offer a free consultation. It's also not clear if you've requested the DMV hearing or what happened on that front, so I suggest acting quickly. Good luck.

    Jasen Nielsen

  4. Michael Jon Fremont

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Sounds good get an attorney to fully review case

  5. Ryan Patrick Murphy

    Contributor Level 7

    2

    Lawyers agree

    Answered . It seems as though you have some great video... My office concentrates on DUI Law in Monterey and Santa Cruz County. If you would like, give me a call to discuss your case. If you have a Public Defender, make sure to sit down with the individual and watch the video... A DUI with a Refusal can take you out of the driver's seat for one year, no driving.

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