Sacramento DUI lawyers are often asked, "what are the chances that my case will get dismissed?"
A dismissal can either come from the court or from the district attorney's office but, of course there must be a reason to dismiss.
Sacramento DUI court dismissals: Most commonly the court, "dismisses" a DUI case if they find that there was a violation of your constitutional rights, usually your 4th Amendment Right to be free from unreasonable search and seizure. This procedure must be initiated by your defense attorney filing a written motion known as a Penal Code Section 1538.5 MOTION TO SUPPRESS EVIDENCE. The filing and service of this motion on the Sacramento District Attorney's Office requires the reply by the DA and ultimately you have your day in court where I question the officer about the arrest and argue to the court that your constitutional rights were violated. There are a great many sub-issues relating to these types of motions.
I personally have had courts grant my motions to suppress evidence and dismiss my client's cases under Penal Code 1538.8 for a number of reasons including;
1. The police entered into my client's house without a warrant when they stopped his garage door from closing, entered and arrested him for a 2nd offense DUI while he was still on probation for his first. Case Dismissed
2. My client was pulled over for a cracked windshield but when questioned on the stand the officer couldn't remember where on the window the crack was located allowing me to argue that the government could not prove that the crack actually interfered with my client's vision and therefore the stop was NOT justified. Case Dismissed
3. The police officer pulled over my out-of-state businessman, claiming that he was weaving but, when I showed the judge the in-car dash cam the judge said that my client's driving was fine and that the stop was NOT justified. - Case Dismissed.
4. Sobriety check point snagged my client but my questioning of the officer showed that the police did not follow the proper constitutional guidelines required at all DUI checkpoints. Case Dismissed
5. A citizen reportedly saw my client get out of his car at the Kaiser parking lot walking unsteadily and he threw a beer can into the bushes. The court found that there was insufficient information to detain client- case dismissed.
Sacramento DUI DA Dismissals: The District Attorney's Office may elect to dismiss a case: "In the interests of justice" or for "Insufficiency of the evidence". Practically speaking they don't often dismiss a DUI case unless they believe that they will not be able to prove it at trial.
The most common DA dismissal is when your blood test comes back from the laboratory and it is below .08, depending on other evidence, your prior record and the provability of the case they may elect to dismiss it. When this occurs it most often happens your first day in court.