Like any legal case, there is certain evidence that must be presented in support of an argument. Which pieces of evidence are offered shall differ depending on which side of the case is being presented.
A prosecutor will be looking to prove two different elements. 1) the person being charged was driving and 2) they were under the influence. In order for Prosecution to establish their case, they must present evidence that supports these two elements. Most often, the evidence presented will be pretty standard in DUI cases.
- Police report
The police report is important because it will note observations of the driver, but also, the reason for the stop in the first place. When a person is stopped for a DUI, they must have a probable cause for the stop. This means that they must have violated some sort of traffic law, or fall under one of the exceptions. For example, officers can pull someone over for running a red light, or speeding. Officers cannot stop a person without a reason, and the police report will indicate their reason. If this reason is not acceptable, and does not fall under reasonable suspicion, then all evidence may be thrown out, creating strong grounds for the DUI to be dismissed in its entirety.
A police report is also extremely crucial when there is no blood alcohol reading. When a person refuses, or does not submit to a blood alcohol test, then officers must prove intoxication in another way. Oftentimes, this is through the use of the officer’s observations, which will be stated in the police report.
- Breathalyzer Readings
The blood alcohol reading is extremely crucial because it will demonstrate if there was alcohol in the driver’s bloodstream and how much. The quantity and presence will make a strong argument as to intoxication. If there is no blood alcohol reading then the Prosecutor will rely on the police officer;s observations to establish intoxication.
Many patrol vehicles are required to have surveillance in the patrol car, and when they do a stop for suspicion of DUI, it is recorded. This tape proves to be quite significant when demonstrating that the officer followed all routine procedures and all evidence that is gathered is per code. This helps assure that the evidence gathered in support of the Prosecutor’s case is procured through correct procedures and will not be thrown out.
It is important to assess and analyze all of the evidence that Prosecution may present because it will help determine how strong or weak their case is. It will also help prepare any motions that are necessary to throw out any evidence that may be procured illegally or outside of procedure. If any evidence is gathered without proper procedures, then that evidence may be thrown out. If it is thrown out, it could lead to a dismissal of the DUI case altogether. Consult with a Los Angeles DUI lawyer to learn about all of the options you may have available.