Question: How do I prove that I got a DUI because of a racist cop?

Arrested for DUI because of a racist cop?

Question: How do I prove that I got a DUI because of a racist cop?  I was in a neighborhood where there is a high crime rate.  I was going to see a girlfriend, and have no criminal history whatsoever.   While I was leaving her house in the early morning, I was pulled over by the cops.  They told me that I was weaving and didn’t stop at a stop sign.  I don’t think either is true.  I think they pulled me over because of the color of my skin and the neighborhood I was in.  Is there a way to prove this?  If it is proven, can the DUI charges get dismissed?  I was  arrested for a DUI ultimately because I blew a higher result.  They also said I failed the field tests, but I think I did ok.

Answer:  There are a couple steps that can be taken. Your DUI attorney can file a “Pitchess Motion” to look at the cops track record, and see if there is a history of actions he took based on “race,” and also see if there have been other similar complaints against that officer in the past.  Also, although not based on a “bias” or “prejudice” issue generally speaking, it may be possible to run a suppression motion.  Either one of those may be helpful in your situation.

Feel free to call me at (818_ 336-1384 to discuss your situation further.  Although the above motions I discussed can potentially be helpful to defending your DUI case, there can be other defenses that come into play as well.  There is more information about DUI defense and understanding DUI charges here:  DUI info

Note that you or your DUI attorney only has 1o days from the date of the arrest to request a DMV hearing to fight your potential license suspension.


Phil Hache
DUI Defense Lawyer