Need Advise

[Gibson]

Hi,
My girlfriend was pulled over a few days ago at night (8pm) in So. California. The officer observed her weaving in lanes and as such pulled her over, conducted a feild test, eye "light" test, and later a blood test. Throught this process, she coorperated fully with the officers instructions but was arrested for dui because her eyes fluttered / blinked during the eye exam.
She has already contacted the DMV and a APS hearing is in a few months. There is also a Court Trail which takes place a few weeks after the APS. She is still waiting for the blood results.
Taken on face value (she was not drinking or taking drugs, just a poor driver)my questions are:
1) if the BAC comes back below the .08 limit (lets say its at .01), will the DMV reinstate her drivers license?
2) Will the police dui case be dismissed if the BAC is below .08?
3) Will there be any state, county, or city finacial costs or penalties due to this dui if the BAT is below .08?
Thank You

 

[CdwJava]

Hi,
My girlfriend was pulled over a few days ago at night (8pm) in So. California. The officer observed her weaving in lanes and as such pulled her over, conducted a feild test, eye "light" test, and later a blood test. Throught this process, she coorperated fully with the officers instructions but was arrested for dui because her eyes fluttered / blinked during the eye exam.

The eye flutter was not why she was arrested. Unless the officer was a moron, there were other things he observed that led him to conclude that she was driving while impaired.

She has already contacted the DMV and a APS hearing is in a few months.

Okay, so the officer had reason to believe that the test would show she had a BAC of .08 or greater.

There is also a Court Trail which takes place a few weeks after the APS. She is still waiting for the blood results.

Depending on where the test had to be sent off to, the agency and the DA may not get the result for a month or two.

1) if the BAC comes back below the .08 limit (lets say its at .01), will the DMV reinstate her drivers license?

If it comes back below .08 there will be no hearing, or, she will prevail at the outset. If she hadn't been drinking, why wouldn't it come back at .00? Why do you think it might even come back at .01?

And unless she delayed beyond 30 days, they should not have suspended her license, yet.

2) Will the police dui case be dismissed if the BAC is below .08?

Not necessarily. One CAN be DUI below .08. Medication and drugs do not provide a BAC yet both can be impairing. Plus, one can be impaired with a BAC below .08. All .08 means is that this is the level at which the legal presumption is that the person is impaired.

3) Will there be any state, county, or city finacial costs or penalties due to this dui if the BAT is below .08?

Only those she incurs to pay for an attorney, lost wages for time taken off of work, etc.

 

[Gibson]

Hi CdwJava,

Thank you for the info. I know I am putting the cart infront of the horse as to my questions (BAC levels) but I and my girlfriend are new to this process.
Taken on face value that she wasent drinking or driving, just a real bad vehicle operator, I am hoping that the BAC blood reading will be at 0.00 (I factored in some possible test error room). So with the DMV, anything below the .08 will be dismissed..., good to know.

As for the pending police dui case, I know its possible that the prosicution might go forward with this case. Just asking if it would be practical for the prosicution to go foward with the case if the BAT is at 0.00/0.1, clean driving record, no wants or warrents,.... just an ordinary citizen that is basically a terrible driver. Also, would the location of the court be a factor, her's being at Torrence Ca location?
Thank You again.

 

[Zigner]

Hi CdwJava,

Thank you for the info. I know I am putting the cart infront of the horse as to my questions (BAC levels) but I and my girlfriend are new to this process.
Taken on face value that she wasent drinking or driving, just a real bad vehicle operator, I am hoping that the BAC blood reading will be at 0.00 (I factored in some possible test error room). So with the DMV, anything below the .08 will be dismissed..., good to know.

As for the pending police dui case, I know its possible that the prosicution might go forward with this case. Just asking if it would be practical for the prosicution to go foward with the case if the BAT is at 0.00/0.1, clean driving record, no wants or warrents,.... just an ordinary citizen that is basically a terrible driver. Also, would the location of the court be a factor, her's being at Torrence Ca location?
Thank You again.

Taken at face value, this post just SCREAMS that she WAS drinking, you just don't believe she was drinking enough or recently enough for it to have been a problem.

 

[CdwJava]

It is highly unlikely that there was no evidence of impairment and only a case of bad driving. But, if the officer was poorly trained and inexperienced, I am sure that most anything might be possible.

At this point, if charged, she should engage an attorney prior to any court hearing.

 

[davew128]

Taken on face value that she wasent drinking or driving, just a real bad vehicle operator, I am hoping that the BAC blood reading will be at 0.00 (I factored in some possible test error room).

If she wasn't drinking how could it be anything else? That's not test error norm you're tossing, it's she was drinking norm.

 

[Gibson]

Hey People,
Its a waiting game at this point. The lab results will take up to 60 days to get the results. Thanks for your answers, opinons, and generating even more questions.
Cheers

 

[dave33]

It is highly unlikely that there was no evidence of impairment and only a case of bad driving. But, if the officer was poorly trained and inexperienced, I am sure that most anything might be possible.

At this point, if charged, she should engage an attorney prior to any court hearing.

I assume by "evidence of impairment" you mean the officers statement. Wow! That is one solid building of concrete evidence. Luckily, now there are computers, and in the states where you don't get life for filming an offricer sometimes the arrest makes it to youtube.

 

[CdwJava]

I assume by "evidence of impairment" you mean the officers statement.

Observations and witness statements are "evidence." If there is video of the encounter, all the better. But, if not, then the evidence will be the officer's observations, yes. And, of course, the chemical test.

As I said, I suspect there was some objective indication of impairment other than bad driving. Bad driving, by itself, would be entirely insufficient to support a DUI arrest of any stripe.

But, yes, I suppose the officer could have been whacked or had a bad day and decided that this day would be a good day to throw away their career and risk criminal prosecution ta boot and simply made it all up. Anything is possible.

 

[dave33]

But, yes, I suppose the officer could have been whacked or had a bad day and decided that this day would be a good day to throw away their career and risk criminal prosecution ta boot and simply made it all up. Anything is possible.

Perhaps....or he concluded it would be easier and serve to solidify the case to word the report "conveniently".

Carl, the thing that really stands out is that on the cites that show video,out of the thousands of police related submissions, you cannot find one when the officer is unaware of the filming and the report and actual events are the same. Not one. That is why a statement made by an officer or anyone else should not be enough. Only my opinion.

 

[HighwayMan]

Carl, the thing that really stands out is that on the cites that show video,out of the thousands of police related submissions, you cannot find one when the officer is unaware of the filming and the report and actual events are the same. Not one. That is why a statement made by an officer or anyone else should not be enough. Only my opinion.

What "cites" are you talking about?

Your opinion? You're stating it as fact. Pretty baseless fact at that.

 

[dave33]

What "cites" are you talking about?

Your opinion? You're stating it as fact. Pretty baseless fact at that.

An example would be youtube. Nothing baseless about that.

 

[Gibson]

Howdy,
As I understand it, a police officer can cite a driver with a dui even for lack of sleep. It all depends on how the police report is written. Could this type of dui be prosecuted, I'm hoping probably not due to the assistant city attorney’s willingness to go after easier dui cases. As for my girlfriend’s situation, if the BAC is 0.00, I am hoping that same reasoning will apply.
Cheers.

 

[CdwJava]

Howdy,
As I understand it, a police officer can cite a driver with a dui even for lack of sleep.

Unless the lack of sleep is drug or alcohol induced, that would not be sufficient to constitute a DUI.

If the BAC is under .05, the chemical test finds no evidence of drugs, and/or the observations are not a strong indicator of drug impairment, then I suspect no prosecution would take place.

As a note, the typical drug screen will not identify many prescription medications so one cannot always rule out a drug related DUI all because of a negative test. But, to prosecute a case with a negative test the officer had better be quite experienced and well trained if the DA wants to go to trial on it. When I was in San Diego County the DA pursued drug influence and DUI cases with some frequency without a positive chemical test and only based upon the testimony of the DRE (Drug Recognition Expert) officer. It can and is done ... but, the officer had best have some specialized training.

 

[HighwayMan]

An example would be youtube. Nothing baseless about that.

Hardly an objective sample of the many thousand of vehicle stops that are made and recorded each year.