If my DUI case goes to trial will my DMV victory influence the outcome? 3 Answers as of November 18, 2014

On May 18, 2014 I was pulled over for DUI in Orange County, CA. I blew .15 and .13 at the police station. I hired a lawyer who represented me at the DMV hearing. The lawyer won the DMV hearing and I was given a set aside order in October 2014. It was done by arguing, and subpoenaing the officer, that in the police report he wrote that I was swerving and straddling; however, he admitted that I actually never crossed the divider. My lawyer argued that swerving and straddling within my lane is not against the rules of driving. Not only that, she argued that there was a violation of Title 17 because the officer failed to properly watch me for 15 minutes. In December, I will have another pre-trial hearing for the Court Case and my question is, what are the chances that my lawyer can leverage this fact and be able to have the case reduced or dismissed?? I mean the arrest was obviously illegal as there was no probable cause since the DMV agreed with us. If the prosecutor doesn't budge, and I go to trial, would my DMV victory help?? Thanks for your help!!

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Absolutely not. The two are completely separate.
Answer Applies to: California
Replied: 11/18/2014
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Can argue the same thing in criminal court as part of motion to suppress.
Answer Applies to: California
Replied: 11/18/2014
Attorney at Law
Attorney at Law | Michael J. Kennedy
As you were told on another line, there are aspects of the DMV matter that can inure to your benefit on the criminal side, and a suppression motion should be brought by your attorney to do so.
Answer Applies to: California
Replied: 11/17/2014
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