CA... DUI entrapment?

[SomeCalifGuy]

What is the name of your state (only U.S. law)? Caifornia

Like most; i'll try to stick to the important thing in my case.

Downtown Fullerton is filled with bars, i left one called "Heros" at about 12:30am. As i drive down a one-way alley, look both ways before entering the street... no one is around. So i enter the street. As soon as i look in my rear-view mirror; the easily recognizable headlights of a crown victoria(police car) are right on my tail as-if i cut him off.

he proceded to enter the lane to the left of me and drive past me when i was rolling down my window to smoke a cig. I stopped the window at about half way and she drove past me, made an illegal uturn and pulled me over all within less than a half mile to a mile from the bar ( i have yet to go back to measure distance and take pictures ).

He asked for my licence and gave his reason for pulling me over as follows: it was suspicious that i rolled my window down half way as he drove by. I tried to go along with what the guy wanted. eventually he starts calling me a liar and two more officers show up. I take an on slot of field sobrioty tests and passed about 70%.

Eventually i agreed to take the breathtests and blew a .17 also got cuffed and taken to the station for the blood test.

The only part of the case i think i may have is that there was no reason for him to pull me over in the first place. From what i understand, i need to get ahold of the police report to see if i really have any case against him. I also understand that if i can not convince the judge that i should have never been pulled over in the first place, then my whole case will pretty much go to hell.

I am curious if i should risk going into court with the Public Defender and take what is coming to me. Or if i should spend a couple grand on a lawry to represent me in hopes that i can get the DUI charges dropped for entrapment or no reasonable cause to pull me over.

What do you think?!?

Sincerely,
SomeCalifGuy

[CdwJava]

Originally Posted by SomeCalifGuy

He asked for my licence and gave his reason for pulling me over as follows: it was suspicious that i rolled my window down half way as he drove by. I tried to go along with what the guy wanted. eventually he starts calling me a liar and two more officers show up. I take an on slot of field sobrioty tests and passed about 70%.

Okay ... what makes you think you passed about "70%"? They are not really a a pass fail test sort of thing.

As for the reason for the stop, if the officer sticks to that as the reason in his report (and you referred to the officer as "her" originally) the matter will likely get tossed. Chances are, however, he will articulate something more.

Eventually i agreed to take the breathtests and blew a .17 also got cuffed and taken to the station for the blood test.

That's bad ... it's enough for an enhancement of the blood test supports that reading.

The only part of the case i think i may have is that there was no reason for him to pull me over in the first place. From what i understand, i need to get ahold of the police report to see if i really have any case against him. I also understand that if i can not convince the judge that i should have never been pulled over in the first place, then my whole case will pretty much go to hell.

Your attorney can get the report, but they do not have to give it to you. They MIGHT, and you can always ask, but very few departments in CA provide the police report directly to the defendant.

I am curious if i should risk going into court with the Public Defender and take what is coming to me. Or if i should spend a couple grand on a lawry to represent me in hopes that i can get the DUI charges dropped for entrapment or no reasonable cause to pull me over.

If you have the money for a private attorney, you probably will not qualify for a public defender. And if you intend to fight the case, you can expect to spend more than "a couple grand". There is no "entrapment" defense, so I don't know where you get that. Not unless the officer said you were fine to drive and helped you into your car when you staggered out would that defense fly. But, if the officer told you the truth why they stopped you, then the defense will prevail. But, we do not have to tell you the true reason for the stop. It will have to be in the report, though. You can relate to your attorney what the officer said and see if he or she can make any hay of it ... maybe, maybe not. There may be other weaknesses in the state's case, but that will depend on details that you have not posted.

In any event, you can expect to spend more than $2,000 on a defense unless it goes to trial in which case it may approach $4,000 ... more if you try to hire specialists.

Talk to that attorney, have him or her review the report, and then come up with a plan.

- Carl

[Zigner]

I'm trying to find the "entrapment" as referenced in the title of the thread.

Did the cop sit and drink with you and then walk you to your car and hand you the keys?

[FlyingRon]

People confuse police laying traps with entrapment. Placing enforcement in places that crimes are likely to occur isn't entrapment, it's fine police work (there, Lou). Hanging around bars looking for drunks is not entrapment. It is what we refer to as shooting fish in a barrel. Not very sporting, but police and prosecutors are not required to be sportsman.

The guy is unhappy because the police knew he was about to break the law and rather than telling him not to, they waited for him to commit the crime so they could arrest him.

[ReformedMan]

Originally Posted by SomeCalifGuy

[font="Arial Narrow"]I take an on slot of field sobrioty tests and passed about 70%.

....You didn't even get 70% of that sentence correct....

[SomeCalifGuy]

You are right, the entrapment case is not going to work; i guess i thought the shooting fish in a barrell technique was illegal unless they had a legitamate reason to pull you over. As far as me passing 70% of the tests... don't get so technical. I'm just giving you an idea, i took about 7 tests and passed 5 in my opinion. Not to mention it wasn't until the last two that i preformed poorly. Nonetheless, you right again, i failed some tests. I still think there was no reason for me to get pulled over.

Let me go back to the first response i got from Carl:

The officer was a 'he' by the way. And exactly what are the laws for police officers to explain the reason they pulled you over, no explaination nec? I can't imagine the officer being stupid enough to write my version in his report. He might say i never put my blinker on or didn't make a 100% stop before entering the street. But even then, he should have pulled me over right away, and not drove next to me... then in front of me.... then make a u-turn to finally pull me over.

Lastly, I thought it was my write to get all the evidence that is being charged against me. How can my lawry get the police report but i can't. I would feel a lot more comfortable hiring this guy if i can read the police report and see how much of a chance i have first.

Thanks for the input. It is helping me understand my situation a little more.

[cyjeff]

Originally Posted by SomeCalifGuy

You are right, the entrapment case is not going to work; i guess i thought the shooting fish in a barrell technique was illegal unless they had a legitamate reason to pull you over.

You mean like being drunk?

As far as me passing 70% of the tests... don't get so technical. I'm just giving you an idea, i took about 7 tests and passed 5 in my opinion. Not to mention it wasn't until the last two that i preformed poorly. Nonetheless, you right again, i failed some tests. I still think there was no reason for me to get pulled over.

Failing one test is enough.

Yeah, I get that.

Are you sure you weren't weaving while lighting up? How about when you were driving through alleys to avoid the police on the street?

The interesting part, for me at least, is that there is absolutely no remorse. Sure, I was driving at double the limit, but look what they did to ME!!!!

You were drunk. Your perceptions of the incident in comparison to the perceptions of the three sober police officers will suffer greatly.

[cyjeff]

One last point.

Police cars do not appear out of thin air.

You looked, didn't see anyone, and then a crown vic appeared on your tail.

Cutting off the officer in traffic would have been enough.

[CdwJava]

Originally Posted by SomeCalifGuy

And exactly what are the laws for police officers to explain the reason they pulled you over, no explaination nec?

You have to be advised of what you are arrested for, but they do not have to argue with you why you were stopped. This is why some officers don't tell you that reason until they have finished what they intend to do.

He might say i never put my blinker on or didn't make a 100% stop before entering the street. But even then, he should have pulled me over right away, and not drove next to me... then in front of me.... then make a u-turn to finally pull me over.

No law says he has to instantly make the stop. He may have been wanting to see if you looked like you might be drunk before the stop. Perhaps there was a nother call going on at the time ... perhaps he was on his way somewhere else and took aq minute to change his mind ... who knows? In any event, he is under no obligation to pull you over right away.

Lastly, I thought it was my write to get all the evidence that is being charged against me.

Your attorney gets that in discovery.

How can my lawry get the police report but i can't.

Because the law says so.

I would feel a lot more comfortable hiring this guy if i can read the police report and see how much of a chance i have first.

You can ask the police department for it, but do not be surprised if they say, "No".


- Carl

[ayerpro69]

You were legally drunk. That is pretty much all there is to this. Probably cause was that you looked suspicious, and if that does not work, the cop will say you swerved. End of case.

[BigMistakeFl]

I think most cops could name a cause for a traffic stop with the greatest of ease. I don't think it's too hard to accomplish. You can contest the probable cause for the stop.

How can my lawry get the police report but i can't.

Job security!

Yeah, I agree that it would be nice to see the entire case the prosecution has against you before you decide to hire a lawyer, but it just doesn't work that way. Besides, other evidence can come along during the process, such as additional witnesses. What you can do is look at the evidence you know that they have..... you left a bar, shemale cop may testify that you did make a traffic error, your BAC of 0.17%.

[Ohiogal]

Police reports are inadmissible and not really evidence.