This story is about Tony.
When Tony first came to me he was telling me the story about the cops stopping him for speeding, not having tags and how he failed all the field sobriety test. Tony’s breath results came back close a .09. When I got the dash camera from the CHP vehicle I noticed something interesting. The officers radar was utilized on a downward slope which according to CHP experts can produce a false radar reading. What I then did is I took the dash camera and I looked at certain points on the video, in this case a couple streets. From street A to Street B I measured the feet using google maps and the distance measuring device they have on there. What I then did was I took the number of feet traveled between the two streets divided by the number of seconds it took to travel that distance, I multiplied it by 36 hundred which is the number of seconds in an hour and then I divided it by 5280 which is the number off feet in a mile. That gave me his miles per hour. What I concluded was Tony was traveling about 39 miles an hour in a 45 mile an hour zone. What I then did was file a motion to suppress penal code 1538.5 at the hearing the district attorney realized we where correct in our speed estimation and were able to dismiss the Dui charges after Tony took a no contest plea to reckless driving, he paid a $260 dollar fine, he did no DMV classes, he didn’t do any community service, he didn’t have his license taken away and the end of the day this was a good result for hard working young man.
Arrested for DUI? Find Out What Everyone Should Know Before Talking to the Judge, Hiring an Attorney, Pleading Guilty or Going to Trial.
Patrick J. Silva - Attorney at Law
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