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I have a DUI case but my name isn't on the police report can I try to fight it?

Chula Vista, CA |

I did hit one parked car but no injuries.A month after the DUI my lawyer tells me both the DMV and the DA decided to reject my case because either the peace officer didnt submit the case or there wasnt enough evidence. I received from both places saying the same thing. It wasnt until I was contacted by my insurance that I decided to ask for my police report. Turns out that the report only mentioned one person(P1)as the driver and it it described as an unidentified Hispanic male on his 30s with a beird. There is no way that a person matching that description couldve been driving my car. I was however with another person but it was a female. Anyway I want to know if there is a possibility of me winning the case if I decide to plead not guilty since the case was reopened &i do have court now

Attorney Answers 9


  1. You have a lawyer. Ask your lawyer.


  2. Of course there's a chance of defending on an ID issue, but there is other evidence - such as statements you have made - or the case would not have been filed.. But like my colleague before me, why would you ask this question here if you have a lawyer?


  3. Yes, you should hire an attorney and fight it.


  4. You are LIABLE for all of the damages caused by your car as you are the registered owner, so you can still be sued. The exception (and it is too late for you to fabricate that now) would be if the car was stolen and that driver was involved in the collision. So you escape the Criminal and DMV APS actions but not the DMV Financial Responsibility unit or the insurance companies.
    at now)

    I will be happy to speak with you at no cost with a phone or office conference. Please call my office at 619-231-0401 or visit my website at www.paulneuharth.com


  5. Yes, but you've apparently already got an attorney. Talk to them about how to handle your case and the possibilities of winning it. Good luck.

    Jasen Nielsen


  6. The bigger issue is the ID in court, not so much the fact your name was not on the police report. If you have a lawyer, ask him/her. If you don't trust the lawyer you originally hired, perhaps it's time to hire the best, locally experienced, criminal defense attorney you can afford.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555


  7. Speak to your attorney . Identification is always an issue. Somebody gave you up .

    Andrew Roberts (818) 597-0633/ (805) 496-7777


  8. Fight it. Make them show you how they expect to prove ID.

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply


  9. You have an attorney so discuss this with them.

    This is not intended as legal advice. No attorney / client relationship exists because of this response.

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