Legal Question in Criminal Law in California

dui

I was arrested for a DUI in Truckee California...the transporting officer neglected to secure my seat belt on the way to the booking station...Hand cuffed and not restrained I feel jeapordized me physically if an accident occured while in the back seat...can I use this as a toll to get this charge dropped


Asked on 8/09/08, 1:18 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: dui

No. Even if you had been in an accident and been injured as a result of not being restrained you would not be able to get your charge dropped as a result (though a sympathetic prosecutor might have chosen to drop it voluntarily). Your remedy would have been a civil suit, and even then you would have had a hard time winning. Your anxiety about not being restrained is understandable but is not sufficient basis for any relief.

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Answered on 8/09/08, 3:38 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: dui

Unfortunately - no. The way you were treated or mistreated by the police following a lawful arrest will almost always be irrelevant to the charges you are facing. You might have grounds for an administrative complaint against the cop but probably not much more.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 8/11/08, 1:32 am
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: dui

No, you cant use this conduct to reduce the charges. Good try though!

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Answered on 8/11/08, 4:14 pm


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