Hey, so I got a DUI ticket after a single car accident, but the officer didn’t issue a breathalyzer or any sobriety test. Plus, they lost the court copy of the citation. What happens now? I’m really confused on what my options are here. Anyone been through something similar? Any advice would be appreciated!
That’s a tough situation. In CA, even if they didn’t do a breathalyzer, the officer’s testimony could still count. Depends on how well they remember the details. It’s not ideal, but it’s possible.
Blake said:
That’s a tough situation. In CA, even if they didn’t do a breathalyzer, the officer’s testimony could still count. Depends on how well they remember the details. It’s not ideal, but it’s possible.
Wait, so you’re saying the officer can just go off memory and it still holds up in court? That seems weird…
@Dale
Yeah, basically. They just have to recall the signs they observed, like slurred speech or red eyes. The more specific the symptoms, the better it is for their case. But it’s not foolproof, you can challenge it.
I’m curious, if there were serious injuries, can they still assume someone is intoxicated just from behavior? Like, do they need actual signs or just how you act?
Raleigh said:
I’m curious, if there were serious injuries, can they still assume someone is intoxicated just from behavior? Like, do they need actual signs or just how you act?
They need actual symptoms, not just behavior. Like, if the person has red, watery eyes, slurred speech, or can’t balance, that’s a sign of alcohol use. Just acting a bit weird isn’t enough.
Wow, this is making me rethink a lot of things. If the officer didn’t do a sobriety test, can they still use the accident as proof of intoxication?
Fox said:
Wow, this is making me rethink a lot of things. If the officer didn’t do a sobriety test, can they still use the accident as proof of intoxication?
It depends on the circumstances, but the accident alone isn’t enough. The officer needs to observe something that shows impairment. The more evidence they have, the stronger their case, but no test makes it trickier.
I’ve heard of people being in similar situations. Sounds like the officer should have done more tests or at least documented stuff better. Without the court copy, does that hurt the case?
Winter said:
I’ve heard of people being in similar situations. Sounds like the officer should have done more tests or at least documented stuff better. Without the court copy, does that hurt the case?
It definitely complicates things. Without the court copy, it’s harder to prove the ticket was issued properly, but the officer’s testimony could still hold weight. They might have to rely on their memory of the events.
Just wanted to add, if the officer didn’t take a breathalyzer, it might actually work in your favor. You can argue there wasn’t enough evidence to support the DUI claim. Worth discussing with a lawyer!