Q: False DUI Arrest?
I am 65 years old, white, male. Got pulled over last night for failure to signal and failure to maintain lane, admitted to drinking a mini-bottle of wine with dinner 4 hours earlier, arrested after not passing field sobriety test (which I thought I did fine on), taken to station, blew 0.00. DRE called in, I informed him that I have never done any kind of drugs (true), and only prescription I am on is a mild hyper-tension beta blocker (Toprol). Arrested anyway, provided urine sample, first court appearance in about a month. Clean record. Arresting officer stating just prior to release, 'I arrested you for suspicion of impaired driving, I can not simply unarrest you...you will have to go through the process (court)'. Seems kinda bunk to me? Planning on representing myself. I will wait a few weeks and request DRE and toxicology report.
My first question is, 'Can I request dash cam video from arresting officer's car as I don't believe claim of failure to maintain lane?'
A:
I think it is a bad idea to represent yourself. DUIs can be more complicated than meets the eye. I believe that you have an excellent case based on what you're saying here; it's possible that the state won't even charge the case. Likely, even. However, if they DO charge the case then you're risking an awful lot just to save a few grand on attorney fees.
To answer your question though, yes, you can get the Dash cam video if it exists. But answer me this - then what? Do you know what to do with that to get your case dismissed? What motions to file and what legal authorities to recite? If you don't know right now, off the top of your head, how to do it, then consider that your opponent is a State Prosecutor who absolutely does know it off the top of his head, and that you're going to have to make legal arguments to a judge against a far more experienced and knowledgeable opponent.
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