She was pulled over waiting for Triple A to come and fix her tire but while she was waiting, a officer had pulled someone over and they parked in front of my daughters car. Once the officer was done with the other person, he came over and gave my daughter a DUI ticket (after the sobriety tests).
This is her first DUI and she wasn't even pulled over from the officer as her cars tire went flat exiting the freeway and that is why she was parked.
Does she have a case?
Jeanne M. NormandeauDUI / DWI AttorneyLong Beach, CA ·
Much depends on whether the prosecution can prove she was driving the vehicle. Did she have any other passengers with her? Did she admit to the officer that she drove? How long was she waiting before the officer arrived? How much time passed from the time of the driving to the the time of the blood or breath test? Many DUI cases are won with "no driving" defenses. Who is the other person that you are talking about? There is no need for the officer's to read her Miranda Rights until she is in custody. It is best to hire an attorney that specializes in DUI cases. He or she will be able to assist you in obtaining all of the records and evidence that will help your daughter with a defense. It is tough to know whether she has a case without further information. Good luck!
Yes she may have a valid defense to the DUI. If the officer never witnessed her driving there may be issues as to why he had probable cause to believe she was driving while under the influence. There also may be an issue as to what her BAC was at the time of driving. She could have been pulled over for 10 min or 45min. Her BAC could have been below .08 at the time she was driving and increased as she waited for the tow truck. There may be other issues as well. She needs to get a DUI attorney who regularly practices in the courthouse where her case will be heard. And make sure you request the DMV hearing asap, as you only have10 days to do so.
The police officer needs probable cause. The office cannot simply just walk up to someone and perform a field sobriety test. What was her blood alcohol? Was it rising or was is lowering. These are all factors.
Depending on what the police report says, a motion to exclude all illegally seized evidence as a in valid seizure may be brought in which, if granted, the charged would have to be dropped, absent other evidence.
My suggestion is hire an attorney because they will spend time analyzing the situation for you. If you cannot afford an attorney, make sure to use the public defender if the court finds you cannot afford an attorney.
If I can be anymore help please do not hesitate to contact my office.
Elliot R. Zarabi, Esq.
(818)478-9895
She has a case, an attorney would need to dive further into the details to determine how strong the case is. There are potential challenges to probable cause, What her BAC (Breath Alcohol content) was at the time of driving as it may not be clear in the police report when she was actually driving, whether there was a lawful arrest made, etc. It is definitely helpful that no one (including the cop) witnessed any driving. How long was it from the time your daughter got the flat to the time the cop arrived? And depending on the answer to that question, what information did she give the cop? And were these statements made before or after she was arrested? Feel free to contact me at 818-336-1384 if you would like to talk about this case in more detail. But to answer your actual question...yes, she has a case with potential good defenses.
