Legal Question in DUI Law in California

arrested after the fact.

got in a finder bender in a private parking lot. Exchanged information and then proceeded to by boat that is in walking distance from the parking lot. One and 1/2 hour latter the police showed up at my boat and gaVE ME A FIELD SOBIRITY TEST and a breath test. The officers were not going to arrested me but the person that I had ingadged in the finder bender with insisted that they arrest me. (he turned out to be a DA.) The accident occured at 4:30 pm and the breath test was taken at 8:30pm. at the station, the one at the boat did't give a reading. At the station I blue a 1.5, becouse I drank on my boat. In the police report the only witness to my drinking was the DA., the person I back into. (Question) Anyway to get this througn-out at the arrainment hearing., and AVOID PRE TRIAL.


Asked on 4/27/00, 8:04 pm

1 Answer from Attorneys
Lawrence Taylor Law Offices of Lawrence Taylor, Inc.

Re: arrested after the fact.

The prosecutor can charge you with DUI. On the other hand, their breath test results will be almost worthless, and will probably be thrown out if your attorney moves to suppress it. The D.A. is a valid witness to the fact you were driving; your attorney, however, should question any favoritisim he received from the police/prosecutor. The blood-alcohol test must be taken within three hours of driving to be valid. Further, there was sufficient unobserved time after the accident and before the test to have consumed alcoholic drinks (which you, in fact, did on your boat). Finally, the fact the officers were not going to arrest you indicates that the D.A. might have made a "citizen's arrest" or used inappropriate influence because of his position.

I hope this has been of some help.

Lawrence Taylor

The Law Offices of Lawrence Taylor, Inc.

Practice limited to DUI defense

Long Beach - Beverly Hills

Irvine - Riverside - Carlsbad

http://www.DUIcenter.com

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Answered on 6/12/00, 8:54 am


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