Legal Question in Criminal Law in California

What type of prior criminal history can not be introduced in a DUI case that resulted in death of the other driver 4months later . Can an arrest 4 years prior for under the influence at home, be introduced at trial and the officer involved in that arrest testify? he was being sued by the person on trial, for excessive us of force and use of tazer and mace while hog tied. Is this type of evidence allowable. also prior Dui's 7 (15 years prior) of them DA kept saying 8.were introduced as well. Thank You for any Guidance you can give me.~jaynera~


Asked on 9/26/11, 4:24 pm

1 Answer from Attorneys
Daniel Martin Law Office of Daniel K Martin

This is a complicated question because there are different reasons for evidence to be introduced. The general rule is all relevant evidence is admissible. Evidence is relevant if it tends to prove or disprove a fact that is in dispute.

Evidence of bias or prejudice is admissible because it goes to the credibility of the witness. Prior scheme or plan is admissible as well. However highly prejudicial evidence will only be admitted if the 'probative value' outweighs its prejudicial value.

I would argue that the prior DUI's were too prejudicial to be admitted. Sometimes there are enhancements that must be proved and that is why priors are admitted. But certainly not all seven priors.

The law of evidence is complicated, this is about as much as I can give you without additional specifics. I hope things work out.

Read more
Answered on 9/27/11, 8:18 am


Related Questions & Answers

More Criminal Law questions and answers in California