Officer said I ran stop sign under oath I have on tape during stop other officer saying he watcdhed me stop to his sargent.

Asked over 1 year ago - San Diego, CA

Is there anything I can do about this? The other officer was pasenger and they were directly facing my car at the time.

Attorney answers (8)

  1. Paul Henry Neuharth Jr

    Contributor Level 13

    14

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    Answered . With facts like these you need to hire an excellent, local criminal defense attorney who can try to get your case dismissed.

    I will be happy to speak with you at no cost with a phone or office conference. Please call my office at 619-231-... more
  2. David Philip Shapiro

    Pro

    Contributor Level 18

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    Answered . Fight the ticket, preferably with the assistance of a locally experienced criminal defense attorney.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  3. Oscar Rene Gutierrez

    Contributor Level 12

    11

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    Answered . 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.

    Good luck.

    The information above is not intended as legal advice or to create an attorney-client relationship between you and... more
  4. Eric Paul Ganci

    Pro

    Contributor Level 12

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    Answered . 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.

    Disclaimer: This was not legal advice, and in no way formed an attorney-client relationship.
  5. Ross Carl Goodman

    Pro

    Contributor Level 14

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    Best Answer
    chosen by asker

    Answered . The conflicting testimony should be sufficient for reasonable doubt.

    The information presented here is for informational purposes only and does not constitute legal advice. The... more
  6. Michael Ryan Juarez

    Contributor Level 16

    7

    Lawyers agree

    Answered . 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.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  7. Keith G Langer

    Contributor Level 19

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    Answered . 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.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.
  8. William Mathew Concidine

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . I agree with the other attorneys. You should contest this if a citation or if cited as the basis for a DUI arrest. You should contact attorneys here in San Diego who are familiar with the local courts and who can answer any questions you have

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