Legal Question in DUI Law in California

Vendetta = False DUI Of Controlled Substance Arrest

Our 18 yr old son was involved with a year long case dealing with false police reports lodged against him by a female. A CLETS RO against him was removed by the court and place on her after 12 court appearances (we had no lawyer). In dealing with this case we

spoke with multitudes of officers from 3 local PDs. One very aggressive rookie cop took a false report of hers, came into our home, interrogated and attempted to confiscate our evidence, ie: audio taped calls, etc. He was upset that we didn�t allow him to take

evidence, expressing to him we were working with other officers and detectives. Long story short.

My son, now still under 21 was stopped for going through a yellow to red light by this rookie at 7am while on his way to college during finals week. A sobriety test was done, he was arrested for DUI of Controlled Substance, jailed 4 hours. Slanted police

report, states slurred speech, swaying, pupils not right, etc. Independent & DOJ drug tests all 100% negative. Court twice, all thrown out on Insufficient Cause. Formal complaint against rookie done also. Please help concerning rights violations?


Asked on 7/27/01, 5:18 am

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Vendetta = False DUI Of Controlled Substance Arrest

Filing a false police report by a citizen is a misdemeanor and may also be the basis for a civil action. However, malice must be shown. A police officer slanting a roadside test to make an arrest would be a more difficult "1983 Civil Rights Action." Please call me directly at (619) 222-3504.

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Answered on 7/27/01, 2:06 pm


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