Legal Question in DUI Law in California
my police report for my dui shows i got pulled over at 1105pm and my first breath test was at 1120pm. i was actually pulled over at 1115pm. i have a cell phone call that i received at 1109pm and talked for 3 minutes with my roommate and i have documentation of that. so there was never a 15 minute observation period. the police report times were doctored to suggest that 15 minutes had elapsed but it actually was only 5 minutes as per my cell phone proof. i also asked the officer if i could make a phone call at the scene and he refused. i was initially pulled over for speeding and blew a .012. mouth alcohol not given the mandatory time to dissipate as per title 17 of the california code of regulations. do i have a case?
2 Answers from Attorneys
You do have a case. I suggest talking to an attorney about representation right away so that attorney can start contacting the appropriate agencies right now. The strength also depends on if you are over 21. If not, your case weakens since there is zero-tolerance for drivers under 21 years of age.
Police must comply with all Title 17 regulations. Feel free to contact my office if you would like to discuss the case further. Take care.
You appear to have a defense to assert against the 23152(b) charge that might result in the DA dropping it because they wouldn't be able to introduce the BA report. However, the time issue has no impact on the 23152(a) charge which you'll be left to defend. I suggest you hire an experienced attorney to represent you. If serious about doing so, feel free to contact me.
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