How do I prove that I got a DUI because of a racist cop? 10 Answers as of November 09, 2010

I was driving fine at night last week, and I got pulled over. The cop did not tell me why he pulled me over but he asked me to get out of the car and had me take sobriety tests which I performed fine except for the one where you stand on one leg. I cannot do that even while completely sober. Then he breathalyzed me. I had had a few drinks earlier in the night and my BAC was 0.07 and he still took me down to the station and breathalyzed me again. That one was 0.067. But he still charged me with a DUI!

I think it was because I am African-American. How do I prove that he pulled me over and charged me based on race?

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Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Well, the good news is that your BAC level was low. I have regularly been able to get DUI charges dismissed without having to go to trial in similar cases. Call me at 818-336-1384 to discuss. If necessary, we could file what is called a "Pitchess Motion" to look at the cops track record, and see if we can establish a history of actions he took based on "race," and also see if there have been other similar complaints against that officer in the past.
Answer Applies to: California
Replied: 11/9/2010
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
There is something called a Pitchess Motion (named after the LA sheriff). Your lawyer can get the judge to order that any complaints against this cop for bias, racism, etc be turned over. But I do not imagine the DA will charge this case as you are not legally drunk.
Answer Applies to: California
Replied: 11/3/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
The DA will likely not file the case.
Answer Applies to: California
Replied: 11/3/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
the police need to prove probable cause to stop you, but they frequently lie about it. However the police prejudice can be raised with the D.A. and if necessary the Jury.Call me if you have further Q's or want representation.
Answer Applies to: California
Replied: 11/3/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You would have to tell me what facts and evidence you have to prove that. The burden is upon you if you make such claim. What you think is not evidence. The cop is just like you: innocent until proven guilty. The mere coincidental fact you are black and stopped does not prove racism. If it did, no black could ever be stopped or arrested. On the face of it, you were almost legally presumed to be under the influence: .07 is very close to the .08 presumptive level under the law. Many people have been convicted with lower levels, based solely upon the officers testimony of impairment in driving and results of the FST. His opinion is obviously going to be different from yours, otherwise he would not have arrested you.

What can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it cannot be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you do not know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you were given documents that included a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you do not know how to do these things, then hire an attorney that does.
Answer Applies to: California
Replied: 11/3/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Race is really not the issue here. This happens to everyone of every color. The officer will have to have had a lawful reason to have pulled you over. Your attorney can assist you in filing a 1538.5 motion. Please understand that no one - not even an Olympic gymnast can pass these field sobriety tests. The good news for you is that you have a low BAC. You may still need to hire an attorney to protect your rights. Make sure you schedule a DMV hearing within 10 days of your arrest.
    Answer Applies to: California
    Replied: 11/2/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Representing yourself, unfortunately, won't get you very far in the criminal justice system. Try explaining to the Judge that the cop is racist, the Judge will probably just laugh at you. The best way to prove anything when given a DUI is to hire a competent DUI attorney who will give you detailed and personal representation.
    Answer Applies to: California
    Replied: 11/2/2010
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    To tell you the truth, generally speaking, that's a difficult thing to prove. You should also remember that as a criminal defendant, you don't have to prove anything. Fight the charges.
    Answer Applies to: California
    Replied: 11/2/2010
    Law Office of William M. Concidine
    Law Office of William M. Concidine | William Concidine
    You may have a difficult time proving that. But if you decide to fight the DUI charges (which I strongly suggest you do-because sounds like you have good results), you can file what is called a Pitchess motion in court to see if that same officer has had any other complaints filed against him for racial profiling or other acts based on a person's race. The court hears the motion and determines whether to allow you to learn of the names and contact information of the other people making complaints, and they can then be contacted and maybe witnesses in your case.
    Answer Applies to: California
    Replied: 11/2/2010
    Law Offices of Juan Dotson
    Law Offices of Juan Dotson | Juan Dotson
    A skilled trial attorney would be in the best position to advocate on your behalf. The attorney can file a motion to suppress evidence gathered as a result of an unlawful stop. You may find it to your advantage to seek an attorney before this case goes to court so your counsel can contact the district (or city) attorney to work out a favorable resolution.
    Answer Applies to: California
    Replied: 11/2/2010
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