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

Asked over 1 year ago - Walnut Creek, CA

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

Attorney answers (4)

  1. Chris J Feasel

    Contributor Level 17

    9

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    Answered . 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... more
  2. Philip Daniel Hache

    Pro

    Contributor Level 16

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    Best Answer
    chosen by asker

    Answered . 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... more
  3. Michael Raymond Daymude

    Pro

    Contributor Level 20

    8

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    Answered . "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... more
  4. Robert Laurens Driessen

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more

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