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I have been stopped by HW police officer and charged for drug DUI. How and where I can get a police report ?

Walnut Creek, CA |
Filed under: Police interrogation

Please, do not answer such as: " your attorney will get it for you", thanks

Attorney Answers 4

Posted

Generally in the criminal case, your attorney will not get it until an arraignment (or if you are representing yourself, which is a bad idea, you would get a copy of it then). Since there is no alcohol involved, the DMV should not take any action against your license based merely on the address, so it is unlikely that you or your attorney will get the police department directly from the DMV.

You can try to get the police report directly from the arresting agency, but it is difficult to get it from them prior to the court arraignment, and may not be released to you prior to that time.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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Posted

"Your attorney will get it for you" is the only answer one can give at this time. It is not immediately available and usually not until your first court appearance, i.e., at your arraignment.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

You can request a DMV hearing. However for drug cases they do not suspend your license. You can subpoena the police or wait until your arraignment.

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

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4 comments

Asker

Posted

Hmmm.....in other words I do not have a right by my own simple request to police station to get a copy of what they accused me to be able better prepared for the court appearance.

Robert Laurens Driessen

Robert Laurens Driessen

Posted

You can go and ask. However you will waste your time and gas. I have stated the only ways you will get your hands on it.

Asker

Posted

No, no....I trust you on this one (waste my time and gas). But since DMV will not suspend my license I do not need to request a DMV hearing. Even if I request it, they probably will cancel it as soon as they find out it is no alcohol involved. So, what to do in this case? Still trying to setup a DMV hearing and then ask them to provide me a copy of police report even if they cancel it ?

Asker

Posted

But of course I will call them (DMV) on Monday just to cover myself

Posted

If you hire an attorney, he/she can probably get it for you prior to your arraignment. Otherwise, you have to wait until then (the posters summed up the DMV side), and even then, you will not be given a copy of the police report immediatly (it will be given to the public defender) unless you represent yourself (which is always a bad idea) or have your attorney appear. So, bottom line, you'll have to wait.

Mr. Feasel is a former prosecutor in San Mateo County (CA) with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.

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