Riverside, CA asked in DUI / DWI for California

Q: Can my DUI case be dismissed if I was not legally arrested. The officer stated on the supplemental/ narrative report I

The report states he gave me field sobriety and blood test. This is a false statement no test were taken. The warrant was not signed or approved.

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3 Lawyer Answers
William Joseph Duffy
William Joseph Duffy
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Irvine, CA
  • Licensed in California

A: False statements by a peace officer go to the officer's credibility at trial or motion. Assertions that the officer lied in a report can only yield a dismissal of the charges if you fight your case. The prosecutor assigned to file cases will take the officer at their word and file charges. If a warrant was issued, it probably means that you refused that chemical test. If so, you could be facing a one-year or longer hard suspension of your driving privilege.

I'd need more information and would like to read the reports before rendering an opinion. It sounds like you need a good DUI attorney or you could be facing serious consequences. I suggest finding the best lawyer for the specific courthouse where your arraignment will be heard, or at least the county. A local lawyer knows the lay of the land. They know the prosecutors and the judges who will decide the outcome of your matter.

Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

you need to contact a good local DUI lawyer asap.

didn't you have to hire a lawyer to get the police report or did the court appoint a lawyer for you? That lawyer would have all the facts and bet in a better position to intelligently answer your questions.

it sounds like you may have a good motion to keep the evidence from coming in and then to dismiss if you can prove what you allege.

write out all the facts in detail before you meet with your lawyer.

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
Answered
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: You need legal assistance, if there are problems with the warrant you will need a lawyer's assistance to fight the warrant, especially if this is the only "direct" evidence against you. There may also be video evidence supporting the absence of field tests, a violation of the vehicle code or other alleged observations made by law enforcement. Aka: "circumstantial" evidence against you. In all, a lawyer can evaluate the evidence, create a discovery plan, determine what can and what can't be attacked and the best path forward for your case.

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