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DUI Probable Cause
Anonymous6 views4 answers
The probable cause in the police report says that i struck a small curb when the officer ordered me to leave the scene which is not true. The officer took pictures of everything else but the curb he is accusing me of, where is the proof??. The second cause he mentioned in the report that after he offered me the field sobriety test 'which he never did' i have refused it and slapped his flashlight out the way which is a total lie. There was no video taped. Im taking this case to trial and would like to know how will the officer proof his allegations written as the probable cause i have just explained? Thanks to everyone..
The officer will testify and the judge will decide whether he is credible. You will need a decent lawyer if you want to question the credibility of an officer in court. I would not advise trying to do it yourself.
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
The officer doesn't have to prove any of those allegations, unless you are making a motion to suppress, based on an arrest lacking probable cause. The officer's word will be enough to prevail on that motion, but it would be worth doing to get a crack at cross-examining the officer. Of course, you need a lawyer to do this, which I assume you have. At trial, the only thing the officer has to prove is whether you were intoxicated when you drove and whether you were above a .08% BAC when you drove.
It is always hard to answer a factual issue question without seeing the file but one thing is for sure - evidence and proof as you call it can come in many forms. One of those forms is physical proof - like a scuff mark on a curb - but the other is just as power and admissible. The other type is the words the police officer states a trial. This testimonial evidence can establish the facts just the same. He can tell what he saw without ever giving up any actual physical proof of what he saw.
A good lawyer might challenge this but in the end it will be up to a jury to decide if it believes his words or not.
Testimony is evidence. The officer need not video tape the incident in order to present the information before a jury. I've practiced in San Diego County for a number of years and am aware of how juries here view officer testimony. Before you get hung up on any one particular fact in the case against you, you should consult with a local attorney to ensure nothing is overlooked.
