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 Goodman Law Group, P.C. recommends that you consult an attorney with experience in your specific legal issue. Please contact us to schedule a confidential discussion of your situation. Such communication does not create an attorney-client relationship of any kind until a formal engagement agreement is signed by both you and the Goodman Law Group, P.C.
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 619-231-0401 or visit my website at www.paulneuharth.com
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.
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.
The information above is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information.
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.
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.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.
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
A roundup of the best tips and legal advice.