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August 30, 2017 | admin Is it Possible to Have a Los Angeles DUI Case dismissed? (Part Two)
In our previous blog that is titled “Is it possible for you to have your Los Angeles DUI case dismissed in a court of law (Part One)?’ we discussed numerous possibilities and scenarios that can lead to the dismissal of your case. These opportunities and scenarios deny the prosecutor a chance to proceed with the case due to the denied privilege to use defective evidence against you in a court of law. It is now the time for us to consider a case where the prosecutors may debate on the possibility of pressing your charges forward. This is a happening that takes place when the prosecutors don’t have enough legal implications or evidence to support their arguments to have you convicted by the criminal judge for your DUI case.
Example 2: Don is in his vehicle driving homewards from work on a Monday evening. He has worked for 12 hours during the day. This means that he is so exhausted after a heavy job behind him. Don did not also sleep during the previous night before. During the driving session, Don’s eyes appear to be red. This means that he is not himself while he is driving from work to home. In this event, he is also unfocused on driving due to the ultimate exhaustion from work. As he is driving homewards from work that night, he makes a sudden turn to the left from his vehicle at the stopping red lights. The police officer pulls him over immediately. Donny appears to be very frustrated coupled up with his anger for being stopped by the police officer.
When Don pulls over, he is asked by the police officer if he is drunk while driving. Because Don is tired, he feels like the police are trying to delay his journey home. He turns them off because of his tiredness and anger and tells them he will not answer his questions. He also tells them that it is his right to remain silent when the police talk to him. The officers look at him and make a note of what they see. They write down that he is unfocused while driving as well as watery eyes. During that time, the officer asks Don to submit an alcohol test after noting down his signs. Don asks the police officer if the blood test is mandatory or if they have any signs that require the blood test to be carried out.
In this case, the police officers must inform Don about the signs that show that he is drunk while driving to qualify for the alcohol blood test. Because the field of the site is not mandated for the alcohol blood test, Don says that he will not take the blood test to determine if he is drunk. The officers then decide to arrest Don and take him into custody. When he arrives at the station, he is mandated to take the blood alcohol test as a requirement or arrest. If found guilty and he doesn’t want to submit to the alcohol blood test, it will lead to more charges or consequences. Don decides to take the test, and it reads negative, the officers let him go home.
The case of Don will not be filed in a court of law. While the police officers on the doubt established that there was a course of action that led to their thinking that Don was drunk and pulled him over, that was just a probable cause that he was drunk. However, it did not yield the desired results. While Don would be charged with a traffic ticket offense, there is no evidence that he will be charged with a DUI offense in a court of law. The prosecutors could only prove that Don was driving his car without focus, but he was not drunk at the time of the arrest. For you to face the DUI charges, you must be intoxicated while you are on the steering wheel.
In this case, Don could not be charged with any offense. Any offense against him regarding a DUI case would be dismissed. The prosecutor will not file a case they know will not last in a court of law.
If you or your loved one is arrested for a DUI offense, ensure you contact a Los Angeles DUI lawyer with an immediate effect. They can prove that your case is weak for immediate dismissal.