No traffic ticket for the reason I was pulled over on California DUI will it stick?
Well I’m looking to find some information on California DUIs. I received a DUI and didn’t receive a ticket for the reason I was pulled over (expired registration) . I passed all test given to me. Later brought down and given a blood test. Waiting on the results. I have been told that if they don...
Well I’m looking to find some information on California DUIs. I received a DUI and didn’t receive a ticket for the reason I was pulled over (expired registration) . I passed all test given to me. Later brought down and given a blood test. Waiting on the results. I have been told that if they don’t ticket you for the reason they pulled you over for then it is to be dismissed. I’m on informal probation but I’m sure that doesn’t change the situation. Looking for any help. Also to if you could in the answer provide the source of your answer. Thanks for the help
i was not speeding, swerving, not doing anything wrong. he merely pulled me over for my registration.
I recommend that you interview several attorneys who specialize in the defense of DUI, and hire the attorney that you think will do the best job for you.
I doubt that merely because they failed to ticket you for the original reason that they stopped you would be sufficient to cause the DUI to be dismissed.
However according to my information the test results for Blood Alcohol when performed by the Police in many jurisdictions are notorious for being much higher than the actual Blood Alcohol levels.
I have heard of cases where the Blood Alcohol reported by the test when performed by the Police has been as much as 50% higher than the true Blood Alcohol level.
This is particularly important because you indicated that you passed the tests that were given to you. I interpret that to mean that you passed the field sobriety tests.
If the Blood Alcohol test comes back and indicates that you were under the influence, I would definitely challenge that in court as possible being an erroneous test result.
For example on the Blood Alcohol test a common source of error is before they insert the needle to take the Blood Sample, they disinfect the site with a swab of a solution that contains alcohol.
If they insert the needle into your arm before the alcohol has completely evaporated, some if that alcohol that they swabbed on your arm contaminates the needle and Blood Sample and produces a very high, and erroneous Blood Alsohol reading.
That is a common error on Blood Alcohol tests that are administered by the Police. The lab people are often in a hurry and do not wait for the disinfectant solution to dry completely. the alcohol in the disinfectant contaminates the Blood Sample and results in an erroneously high reading.
That is why you need an attorney who has a great deal of successful experience challenging DUI test results in court.
The breathalyzer tests also are subject to error on the high side, again in some cases 50% higher than the actual Blood Alcohol level.
In California, an officer can stop you to investigate a variety of offenses, as well as stop you to advise you about safety issues.
Here’s the scenario: the officer sees that you’ve left your soft drink on the roof of the car, and wants to let you know it’s up there before the drink falls off, possibly startling another driver and making them swerve dangerously. He stops you, and while telling you about the drink, notices that there is a strong smell of marijuana coming from the car.
He pulls you out, searches, and locates drugs, paraphernalia, and evidence of drug sales.
Was the traffic stop legal? Oh, yes.
Was the subsequent discovery of the drugs legal? Oh, yes.
Does he have to write you a ticket for driving with a soft drink on the roof as a "failure to secure cargo" (which is an offense in California, by the way)? Nope.
So, the original reason for the traffic stop is at the officer’s discretion to pursue with a citation, as are all the subsequent violations he finds.
Whoever it was that told you "that if they don’t ticket you for the reason they pulled you over for then it is to be dismissed" is wrong.
- Stuart
If the officer had probable cause to pull you over then discovered you were under the influence the charge will stick…. ticket or no ticket for the cause of being pulled over.
I’m in NY but I assume California is the same on this one .They don’t need the ticket because all they have to show is that they saw you driving i n an erratic manner that led them to believe youwere driving under the influence. Swerving, speeding, etc. observations are enough to get you pulled over.