Defendant Driving with .14 BAC, Asleep, Near Rear-End Collision with CHP Car at 4AM - Case DISMISSED
The lawyers at 805DUILawyer.com recently obtained a dismissal in a DUI case in the notorious North Orange Court in Orange County following a successful Motion to Suppress Evidence for police misconduct.
The defendant was asleep at the wheel at 4 am and nearly rear ended a CHP vehicle with it's emergency lights illuminated. The CHP car swerved out of the way to avoid the accident and stopped the defendant's car. The District Attorney's Office provided video of the entire incident from the CHP vehicle.
Field sobriety tests were conducted and failed. A breath tests and blood tests were conducted showing a .14% blood alcohol level.
The Motion to Suppress was granted because the officer stated that he stopped the vehicle for following within 300 feet of his patrol vehicle when the emergency lights were on. The court ruled that there was no probable cause for the stop because the CHP officer placed his vehicle in front of the defendant's car when it was less than 300 feet behind. The officer had no right to stop the defendant for a crime that was created by the officer. All of the post-stop evidence was suppressed and the case was dismissed.
Minor Arrested for DUI - Case DISMISSED
In Ventura County, contrary to recent press, there are some police officers that are both reasonable and caring. In this case the underage defendant was driving his car at a high rate of speed. He was stopped. The officer smelled alcohol. The officer conducted a breath test and found the defendant to have a .07% BAC. The defendant was just entering the work force after graduating vocational school. He was remorseful and ashamed of breaking the law. The sobering experience of being arrested and possibly being convicted of California's law against underage driving with a .05% BAC or higher convinced the young defendant to stop drinking. A conviction would mean he would likely not be hired after all, would have his license suspended until age 21, and would have to attend a youthful offender program that includes a visit to the morgue. The officer elected to dismiss when he learned of the defendant's dire situation and remorse.
Quickly retaining a lawyer and cooperation from the Ventura County District Attorney's Office paid off for this defendant, a 21 year old woman in Ventura County. In this case, the District Attorney's Office did the right thing. It's called prosecutorial discretion. Good district attorneys exercise it by dismissing cases that should not go to trial.
On the night of her arrest, the Defendant caught the bar tender's eye. He made her a stiff drink just before closing time. The young woman left the bar just five minutes after finishing her drink. She was seen making an illegal U-Turn in front of the bar by a Simi Valley police officer. He pulled her over and administered a breath test and field sobriety tests. Her BAC was .14 and she failed the tests.
With quick investigative work and cooperation from the bar, the receipt was recovered showing that the young woman's drink was purchased just minutes before the stop. The bartender showed he was not just interested in plying the young woman with alcohol. He remembered the young woman and gave a full statement to the investigator at 805DUILawyer.com about the amount of alcohol he put in her drink and time he served the drink.
The experts at the Ventura County Sheriff's Crime Lab conceded that in the fifteen minutes after being stopped for the illegal U-Turn, defendant's blood alcohol rose from just .07% to .14% as the alcohol was absorbed and entered the young woman's blood stream. The District Attorney's Office dismissed the case.