Legal Question in DUI Law in California

cross racial ID

I was charged with a DUI however I was not the ne driving, The driver took off before the cop got there. THe cop then told me she had a witness. It was 1 in the moring with no street lights. My question is:

How well do cross racial ID's hold up in court, could I be found guilty on this eyewitness alone. How could I fight this... in court?

Are there any cases I should look at?

( State v. Cromedy, A 166 97)

PLease hekp me out....THanks


Asked on 12/11/05, 7:16 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: cross racial ID

Cross-racial identification is amorphous at best. It has gotten people off before, and there are load of cases out there on it from simple robber to murder. Your case is interesting, because it matters where you were when the police arrived. If you were truly not driving, and not even behind the wheel of the car, you should hire a lawyer. Good luck.

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Answered on 12/12/05, 12:33 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: cross racial ID

There are no appellate cases that you can refer to in your defense. Your case revolves around the facts and a jury is the finder of facts. You need to retain an attorney asap and get started on your defense. Are there witnesses that another person was driving the car. Then the evidence must be properly presented to the jury.

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Answered on 12/12/05, 2:44 am


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