California’s DUI laws can be complex and confusing. In this section, our attorneys break down the rules and explain the process.
Call or Message Us 24/7
DUI » How do Errors on a Police Report Affect a DUI Case? » How do Errors on a Police Report Affect a DUI Case?
Mistakes within a police report can have a significant impact on a DUI case – for the betterment of a person accused, or charged with, DUI. Mistakes could lead to charges getting reduced or even dismissed.
Errors on a police report could show any of the following:
All of these can help a defendant that is charged with driving under the influence in California.
Some places within the report to look for flaws include:
There are three main ways that a flaw in a police report can have a positive effect on a defendant’s DUI case. These are when a flaw shows that:
Any one of these mistakes could lead to evidence getting suppressed from a case and even charges getting dismissed or reduced.
Police reports contain much information. In the context of a DUI case, persons accused of the offense should look for errors in the following:
In general, administrative errors (e.g., mistakes in a name or description) will not significantly affect a case. However, if there are many types of these flaws, or there are other types of errors within the report, then they could all bring into question the officer’s investigation as a whole. And, this could provide enough reasonable doubt as to an accused’s guilt.
California Vehicle Code 23152(a) is the California statute that makes it a crime for a person to operate a motor vehicle while under the influence of alcohol. “Under the influence” means that a person’s physical or mental abilities are impaired to the extent that he can no longer drive as well as a cautious sober person.
California Vehicle Code 23152(b) also makes it a crime for a person to drive while intoxicated. The statute sets forth the “per se” definition of DUI, and states that a person is guilty of DUI if he is driving with a blood alcohol content (BAC) of 0.08% or higher.
First, second and third DUI offense charges are prosecuted as misdemeanors in California. Penalties for a DUI conviction may include:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
A DUI conviction will show up on a criminal background check unless it has been expunged or sealed. This means that employers, landlords, and others may learn about it. The most common type of background check is based on a person’s social security number. This is the type used by most employers and landlords. In theory, ...
There are three statutes for felony DUI in Colorado depending on the case: Fourth-time DUI – 42-4-1301 C.R.S. DUI with serious injury – 18-3-205 C.R.S. DUI causing death – 18-3-106 C.R.S. 1. What is a DUI-fourth? DUI defendants are prosecuted for a DUI-fourth if they have at least three prior DUI-related convictions. It makes no ...
It actually depends. Unless there is “pronounced weaving” for a “substantial” distance, witnesses by a “seasoned” officer, the answer will be no. Good news for many California DUI suspects. This is because many officers will admittedly pull over suspected drunk drivers because they are weaving within their lanes. This, the police believe, is a DUI ...
DUI charges can stem from any drug that impairs the ability to operate a vehicle safely. There are five prescription drugs in particular that commonly lead to DUI charges: Adderall, Xanax, Ambien, Vicodin, and Clarinex. Each of these can cause a motorist to be under the influence. None of these drugs cause any alcohol to enter the bloodstream. ...