Legal Question in Criminal Law in California
After a single-car accident, an LAPD officer asked the driver to perform field sobriety. He declined. The officer then arrested him and took him downtown where blood was drawn. He issued a citation accusing him of violating "23152(c)VC". Looking up that statute, it is the law prohibiting driving while addicted to drugs. There were NO drugs involved in this accident, NONE found on the scene, and NONE will be found in the blood test.
Will the case be dismissed due to the officer's error in citing the wrong statute?
3 Answers from Attorneys
No. That section states it is illegal to drive if the person is addicted to drugs. The drugs don't have to be in the car, and the prosecutor can amend the charges to more closely fit the facts.
No, It is up to the DA to decide what charges to allege.
Absolutely not. The LAPD made the arrest and now the district attorney will make the appropriate charges and list what violations occurred.
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