Is there anything I can do about this? The other officer was pasenger and they were directly facing my car at the time.
Just to add to my colleagues' answers, and based solely on the facts you have presented, if you do in fact have tape recorded this conflicting evidence, you can ask to your attorney to file a "Motion to Suppress Evidence" commonly referred to as a 1538.5.
A well-fashioned argument at the 1538.5 hearing could potentially get the case dismissed because there was no valid reason for the stop if in fact you did stop at the sign.
I did not see if you were arrested for a DUI as a result of the stop, but a successful 1538.5 will deem the stop unlawful, and the evidence of the DUI will likely be thrown out.
DUIs can come down to bad cop, bad case. Sounds like something to attack the credibility of the officer(s), and that can steer the trial or negotiations. It can be a solid tactic to pit the officers against each other, and use the DMV hearing to lock them into their testimony early in the case. Also comes down to the BAC, and the science behind it.
Always fight your traffic tickets. If you were only issued a traffic citation you could probably handle it yourself and win. However, your chances of success are always better with an attorney on your side. If you were cited and/or arrested for DUI you need to get an attorney immediately. A DMV hearing must be requested asap to avoid forfiture of you license. If you need further assistance feel free to contact my firm. Good luck.
Are you fighting a ticket for failure you to stop, which is all your post refers to, or an OUI, which is where you posted the question?
If the latter, you would do well to retain a good criminal defense attorney. The CA and San Diego bar associations can assist you with referrals.
Get free answers from experienced attorneys.
25,176 answers this week
2,663 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary