When arrested for a DUI in Yolo County, the first thing that needs to be done is that a hearing with the DMV needs to be set within 10 days of the arrest. This hearing is not set in Yolo County, it is actually set in the Sacramento Driver Safety Office. The number to call is (916) 227-2970. If this step is not taken, the DMV will attempt to revoke your license within 30 days of the arrest. When no hearing has been set, they are almost always successful. Therefore, setting the hearing is the first crucial step when arrested for a DUI.
After that, it is a matter of obtaining all of the evidence in the case. The DMV will send you the police report if you ask, but other evidence generally needs to be requested through the Yolo County District Attorney. This evidence includes, but is not limited to:
• The Police Report
• Blood tests results where applicable
• The patrol car video
• The Calibration record of the breathalyzer machine used in the case.
• Any 911 calls made regarding the incident
• Any and all video or audio recordings in regards to the incident.
Other evidence that cannot be requested through the District Attorney’s office, but can be crucial, are any independent surveillance video that might have captured the incident. Cameras are everywhere in today’s society and a thorough examination of the scene needs to take place immediately to see if any such videos exist. If a video does exist, a subpoena needs to be sent right away, since many private companies delete the content of the videos rather quickly. The significance of this evidence comes into play primarily when there is an issue as to why you were pulled over. If the police did not have a legal reason to pull you over, and this can be proven, the District Attorney will lose the right to use any evidence gathered against you after the stop took place. This is generally all of the evidence in the case which normally leads to a dismissal.
The patrol car video is just as helpful with this defense, but too many times I have received the patrol car video just to be disappointed with when it was turned on, or what it actually captured. Therefore, an examination of the scene is crucial to find the best type of evidence, the independent kind.
This is just one defense when dealing with a driving under the influence charge. There are many others:
• Rising Blood Alcohol – does the breathalyzer or blood test really reflect what your BAC level was at the time of driving?
• Miranda – were your Miranda rights read?
• Choice of chemical tests- were you given a choice between a blood or breath test?
• Accuracy of evidence – was the blood sample handled properly? Was the breathalyzer calibrated properly?
There are other methods of attacking these cases, contact Yolo County DUI Lawyer Michael Rehm for a free, confidential consultation to determine the best one’s for your case.
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