Legal Question in DUI Law in California

DUI/Infraction/Police Brutality

On 2/14/07 I was cited for 2 infractions (CVC 22107.29 Lane change without signaling, and 21658A, Unsafe lane change) after a traffic stop that included (false) accusation of DUI, unreasonable search, coercion and excessive use of force (i.e.: assault, battery) on Defendant by citing Officer. The humiliation and physical brutality I endured were not warrented, given my full cooperation, and lack of any previous criminal record. The resulting infractions are also without merit, given only after numerous sobriety tests proved there was no alcohol in my system and, thus, I could not be charged with DUI/DWI. This is evidenced by factual errors and inconsistent, often contradictory ''testimony'' noted on the citation. I also, most relevantly, did NOT engage in either of the infractions for which I was ultimately charged.

Please advise. I am interested in obtaining representation for this matter.


Asked on 1/28/08, 5:50 am

2 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: DUI/Infraction/Police Brutality

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I recommend you GET representation. Your "facts" are interesting, to say the least, and the fact that the incident occurred in February of 2007 is also intriguing. Is your case just starting up or has it been going on for just under a year? I understand that you are disputing just about everything the cops have said, but apparently the prosecutor has filed charges. Weird, but that's what we do - we handle weird situations. For me, the weirder the better. Call me if you'd like to discuss this further. Steve Mandell

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Answered on 1/28/08, 12:11 pm
Terry A. Nelson Nelson & Lawless

Re: DUI/Infraction/Police Brutality

Well, if you want to fight the charges, unless you have witnesses corroborating your allegations, it is your word vs the officer's word, and I can assure you that the DA and court will normally take his word over yours. I'll be happy to discuss the facts and evidence you may have in your defense, and happy to help you, as long as your expectations are realistic about what can and can not be done for you.

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Answered on 1/28/08, 2:35 pm


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