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?


Asked on 10/22/14, 10:10 am

3 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

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.

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Answered on 10/22/14, 10:21 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

No, It is up to the DA to decide what charges to allege.

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Answered on 10/22/14, 10:40 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

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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Answered on 10/22/14, 1:29 pm


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