Legal Question in DUI Law in California
i was charged with a dui in 2010, the officer stated i was pulled over due to registration being late, my registration was 8 days late. i however do not feel that the officer was behind me long enough to run my plates, as he had just got behind me as i was turning a corner and he immediatly pulled me over. he did not state at the beginning of the interaction that it was for registration or anything really he just jumped right to the dui investigation. he did not have one of those devices that runs all plates in the vicinity automatically, and my video of the pullover does not show that i was driving in any incorrect way. the prosecutor filed the charges around 130 days after the arrest, however the police department of the area states after 112 days (per policy) they had to destroy the dispatch logs that would show the time he ran my plates which i could match to the time on the camera to prove he had no reason to pull me over. so because of the delay in prosecution, i now do not have the required paperwork to prove i was pulled over legaly. does this seem like a case that should have a serna motion for dismissal, and if so is it likely to be dismissed?
2 Answers from Attorneys
It may not be ripe for a SERNA motion, but that does not mean it could not be filed. There may be other motions that can be filed that could be won. There are lots of motions at the disposal of a good attorney, some of them are cost-effective, others, not so much.
My office handles these cases throughout CA and we are known in most courts to both judges and prosecutors, so if you have any additional questions, please feel free to call.
JDH
Your basic assumption is incorrect. The officer does not have to run the plates, the fact that you had an expired tag is sufficiant grounds to pull you over. I would be willing to guess your case is in Contra Costa County (based on the facts and the zip code) which ROUTINELY takes 4 to 6 months before they file charges.
You need a lawyer to look at other defenses since SERNA would not apply in this particular case. Serna is for failure to prosecute a misdemeanor within the one year rule. Destruction of evidence may be a YOUNGBLOOD violation (A United STates Supreme Court case) BUT as I indicated, if the tags were expired, the stop is good.
Bruce Kapsack
Baord Certified in DUI Defense
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