What to do if police officer lied on police report?? DUI

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Latest post 11-06-2013 5:09 PM by onlyinva. 30 replies.
  • 04-26-2012 3:00 PM

    • mattJD
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    What to do if police officer lied on police report?? DUI

    I was initially pulled over bc of the officer claiming she heard my music beyond 50 feet although I was never further away from her car than approx 20 feet. Long story short I was then arrested for DUI. On the police report she lied on about 85% of her report. She stated that I had staggered numerous times during the process and had almost fallen over 3 seperate times. She said I was unable to communicate during most of the process. All in all made it sound like I was completely belligerent but during the whole process she stated to me that I seemed very coherent and had done well on the field sobriety tests. With those statements being said I had denied the hand held breathlyzer test as to not ruin any of the other test outcomes. After recieving my police report everything that was said and done during the test had been fabricated in the police report.

    QUESTION: What do I do against those statements to defend myself and prove everything she said and done was falsified in her reports??

    NOTE: The city/county police officers do not have vehicle cameras only the highway patrol has cameras so I do not have that evidence to back up my claims.

  • 04-26-2012 3:12 PM In reply to

    Re: What to do if police officer lied on police report?? DUI

    Because you refused the breathalyzer, the judge will believe everything the officer says and you'll get convicted.

    A good lawyer might be able to do some damage control.

    But the reality is, without a lawyer, you're toast.

    Get one.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-26-2012 3:15 PM In reply to

    Re: What to do if police officer lied on police report?? DUI

    mattJD:
    The city/county police officers do not have vehicle cameras only the highway patrol has cameras so I do not have that evidence to back up my claims.

    Even if the cars did have video it does not automatically mean it was in use.  TV shows that air footage from squad cars have given the public the impression that all cop cars have the capability when that isn't true.

    mattJD:
    QUESTION: What do I do against those statements to defend myself and prove everything she said and done was falsified in her reports?

    You hire a lawyer that specialized in DUI for your defense.  The police report is not admissable at trial.  The officer's testimony is.  You will need skilled counsel to challenge the officer's statements and credibility.  Judges and juries LOVE cops testimony.  They have badges and guns and look impressive on the stand.  Consult local counsel.

     

     

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 04-26-2012 3:59 PM In reply to

    Re: What to do if police officer lied on police report?? DUI

    mattJD:
    I had denied the hand held breathlyzer test as to not ruin any of the other test outcomes

    So you refused to take the PAS test?  Hope you are over 21 because if you aren't, your license is suspended for a year.  Did you take a breath or blood test at the station?  If you refused those, even if you're over 21, you're license is gone for a year.  As has already been said, you need an attorney NOW.

  • 04-26-2012 4:13 PM In reply to

    Re: What to do if police officer lied on police report?? DUI

    mattJD:
    QUESTION: What do I do against those statements to defend myself and prove everything she said and done was falsified in her reports??

    The police report is not admissible evidence and the state cannot use that against you at trial. Instead, the state will have the officer testify on the stand as to what she observed. She may have lied to you about how well you did in the tests to build your confidence and try to get you to do the blood or breath test. And yes, the cop is allowed to lie to you about that. In any event, if the cop lies on the stand, what your lawyer (and you definitely should have one) will need to do is try to impeach the cop's credibility. But without independent evidence (i.e. something other than your own self-serving testimony) that won't be easy.

  • 04-26-2012 4:20 PM In reply to

    Re: What to do if police officer lied on police report?? DUI

    adjuster jack:

    Because you refused the breathalyzer, the judge will believe everything the officer says and you'll get convicted.

    I disagree. First, it doesn't follow logically that the failure to take the breath test automatically makes the cop's testimony believeable. Second, even if the OP had done the breath test and the results came in under .08% BAC, that doesn't preclude a conviction on a DUI nor would it necessarily serve to prove the cop's testimony wrong. Third, unless both the OP and the state waive a trial to a jury, it isn't the judge that will determine the credibilty of the witnesses and decide the issue of guilt. That will be the job of the jury. How likely it is that a jury will tend to believe the cop just because she's a cop depends greatly on where the trial would take place. Some areas the public has great respect for cops, in others not so much.

  • 04-26-2012 4:38 PM In reply to

    Re: What to do if police officer lied on police report?? DUI

    I am sorry about your DUI arrest.

    I've had 2 of them myself.

    And found not guilty 2 times.

    I'm not at all proud of that, but I can tell you what I did.

    There are of course no guarantees on this.

    But the answer here is hire a lawyer that specializes in DUI.

    This takes alot of cash and likely alot of time.  I'd really really look around for the best one in your area.  I'd want this person to be doing this all day every day.  That's the one you hire.  Then you plunk down what is likely a ton of cash.  

    It's even maybe possible you could get your license back in a couple of weeks.  I never lost my license for more than that. That's more money, without any guarantee of results.

    This is not a do it yourself project.  This is something you are going to have to just pay a pro to handle, and it could take up to a year or more to complete.

    I wouldn't just plead guilty to it if I were you.  But that might be an option.  Just keep in mind, this goes on your record for the rest of your life.  I fought it with everything I could.  I was very very lucky!

    Good luck!

     

  • 04-26-2012 8:39 PM In reply to

    Re: What to do if police officer lied on police report?? DUI

    Taxagent:
    First, it doesn't follow logically that the failure to take the breath test automatically makes the cop's testimony believeable.

    That's true, HOWEVER, in CA, the jury is instructed that they consider the refusal to take a test as evidence of guilt.  Further, this poster is in Riverside which is one county where both the judges and the jury pool tends to be very pro-cop and pro-prosecution.  DUI wins in that county are not a frequent occurrence.

  • 04-26-2012 10:22 PM In reply to

    Re: What to do if police officer lied on police report?? DUI

    I'm not in CA, but you have it backwards under the law of most states.

    • You can refuse the field tests without penalty, in most states.
    • Refusal to give a breath/urine/blood sample has penalties against your license.

    First and foremost, cops get to lie to people.  Cops quite often tell suspects they are doing well when they are not, because they don't want the suspect to go ballistic on them.

    If you don't have any of your own witnesses, it will generally be your word against the officer's word.  Moreover, you most likely HAD been drinking, or you would have blown.  When it comes to a sober police officer's testimony and the testimony of a defendant who admits he had been drinking, that's usually going to be a guilty plea.

    You need to hope there is an audio recording and that a jury doesn't appreciate the conflict between her oral statements and her written report.  And buy a lottery ticket...

  • 04-26-2012 10:26 PM In reply to

    Re: What to do if police officer lied on police report?? DUI

     

    Gemini: "Further, this poster is in Riverside "

    This one-time poster in this message thread says nothing about being in Riverside County. There is another thread started by another poster that does mention Riverside County. It is possible you have confused the two.

    Be that as it may, I agree with you concerning judges and juries in Riverside County. I lived there for about twenty years and was impaneled on juries five separate times.

  • 04-26-2012 11:19 PM In reply to

    Re: What to do if police officer lied on police report?? DUI

    gemini47:
    That's true, HOWEVER, in CA, the jury is instructed that they consider the refusal to take a test as evidence of guilt. 

    An interesting provision, and different from the law where I practice, in which the refusal itself isn't held against the defendant. I assume that someone along the way challenged that on Fifth Amendment grounds and the CA courts rejected that challenge?

  • 04-27-2012 12:59 AM In reply to

    Re: What to do if police officer lied on police report?? DUI

    Taxagent:
    I assume that someone along the way challenged that on Fifth Amendment grounds and the CA courts rejected that challenge?

    It has been challenged repeatedly since 1982.  The jury instruction tells the jury that they can consider the refusal as "awareness of guilt."  The appellate courts have repeatedly held that "A refusal to submit to a blood alcohol test, like a refusal to provide any other physical evidence, is not testimonial and communicative, but circumstantial evidence of the arrestee's consciousness of guilt from which inferences may be drawn (People v. Ellis (1966) 65 Cal. 2d 529, 537."   Schmerber sealed the deal and the issue is settled in CA. 

  • 04-27-2012 1:02 AM In reply to

    Re: What to do if police officer lied on police report?? DUI

    Ford:

    I'm not in CA, but you have it backwards under the law of most states.

    • You can refuse the field tests without penalty, in most states.

    I am in CA and there are penalties--a mandatory license suspension for a year for a 1st refusal and a jury instruction telling them that it's evidence of a consciousness of guilt.  We still fight the refusals and the court isn't required to give the instruction but it can and it's not an issue that will get you anywhere on appeal.

  • 04-27-2012 1:23 AM In reply to

    Re: What to do if police officer lied on police report?? DUI

    gemini47:

    Ford:

    I'm not in CA, but you have it backwards under the law of most states.

    • You can refuse the field tests without penalty, in most states.

     

    I am in CA and there are penalties--a mandatory license suspension for a year for a 1st refusal and a jury instruction telling them that it's evidence of a consciousness of guilt.  We still fight the refusals and the court isn't required to give the instruction but it can and it's not an issue that will get you anywhere on appeal.

    I think Ford was referring to the field sobriety tests (counting back from 100, walking a line heel to toe, etc), not the refusal to submit to breath or blood testing. Is there implied consent in CA for FSTs, too? And is failure to do the FSTs considered evidence of consciousness of guilt in CA like the failure to consent to the blood and breath tests?

  • 04-27-2012 8:14 AM In reply to

    Re: What to do if police officer lied on police report?? DUI

    Are FST's now mandatory?  In CA, in all states?

    My lawyer told me, it's voluntary.  In addition, he told me, don't blow if I am fairly sure I won't pass.  And those portable devices, if you read about them, are not very accurate.  He told me, if I am sure I am not over the limit, offer to pay for a blood test.  That is simply what I was told by a DUI lawyer.

    The last time I was pulled over for DUI, which was now many years ago, I simply walked to the back of the police car and waited for them to open the door.  They kept commanding me to do this or that test, and I just ignored them.  When we got to court, they had no evidence at all.  Oh they said they did.  They claimed they had a tape of me in the jail cell.  However, in court, they mysteriously overwrote that particular tape.  

    Anyway, that's my experience for whatever it is worth here.

     

     

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