Mistakes within a police report can significantly impact a DUI case – and could potentially result in the case getting dismissed or the accused getting acquitted at trial.
Errors on a police report could show any of the following:
- no basis or probable cause for an initial stop (that led to the DUI),
- police made inconsistent, misguided, or even false observations while conducting a field sobriety test, and/or
- that a suspect was responsive and did not appear intoxicated.
All of these can help a defendant charged with driving under the influence in California.
Some places within the report to look for flaws include:
- notes on driving behaviors or driving patterns before a stop,
- notes and observations regarding the administration of a field sobriety test, and
- the scores listed for a field sobriety test.
1. Can DUI police report errors actually help my case?
There are three main ways that a flaw in a police report can positively affect a defendant’s DUI case. These are when a flaw shows that:
- the police had no probable cause for stopping a person,
- the police misinterpreted the results of a field sobriety test, or made errors in conducting the test, and
- a suspect in fact acted sober.
Any one of these mistakes could lead to evidence getting suppressed from a case and even charges getting dismissed or reduced.
2. What types of errors should a person look for in a police report?
Police reports contain much information. In the context of a DUI case, persons accused of the offense should look for errors in the following:
- the reasoning given for an initial traffic stop,
- notes on driving behaviors or driving patterns before a stop,
- notes and observations regarding the administration of a field sobriety test,
- the scores listed for a field sobriety test, and
- overall observations recorded.
In general, administrative errors (for example, mistakes in a name or description) will not significantly affect a case. However, if there are many types of these flaws or other types of errors within the report, 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.
3. What are California Vehicle Code 23152(a) and 23152(b)VC?
Vehicle Code 23152a VC is the California statute that makes it a crime for a person to operate a motor vehicle while under the influence of alcohol.1
“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.2
Vehicle Code 23152b VC 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 driving with a blood alcohol content (BAC) of 0.08% or higher.3
In California, first, second, and third DUI offense charges are prosecuted as misdemeanors.
4. What are the penalties for a California DUI?
Penalties for a California DUI conviction may include:
- misdemeanor probation,
- fines,
- DUI school,
- a driver’s license suspension,
- jail time, four and
- a requirement of installing an ignition interlock device on the offender’s vehicle.
5. Are there defenses other than errors in a police report?
Yes. Defendants can raise other legal defenses to try and contest DUI charges. They are not limited to pointing at errors in a police report.
A few other common DUI defenses include defendants showing that:
- they were not “under the influence,”
- “mouth alcohol” led to a falsely high BAC result,
- they were merely driving bad and not really intoxicated, and
- the arresting officer did not follow proper procedure.
Legal References:
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- California Vehicle Code 23152a VC.
- CALCRIM No. 2110 – Driving Under the Influence, Judicial Council of California Criminal Jury Instructions (2020 edition). See also People v. Schoonover (1970) 5 Cal.App.3d 101; and, People v. Enriquez (1996) 42 Cal.App.4th 661.
- California Vehicle Code 23152b VC.
- California Vehicle Code 23536 VC.