5 Police Mistakes That Can Get Your DUI Charges Dismissed

-The five top reasons of
police mistakes and that help us win DUI cases for
our clients is number one, police officers
write poor reports. Whether it’s because of poor
notetaking, whether it’s because of a lack of
intellectual capacity, quite frankly, whether it’s a
problem with when they do it they wait too long to do it, and
whether it’s a fact that they don’t actually take the
information down as it occurs. That is the number one
mistake police officers make, and we can explore those issues. And oftentimes we do that
will make us win DMV hearings and win court cases. Second issue is
improper collection of evidence at the scene. Police officers almost
never interview passengers in the car who could
establish a drinking timeline different than what
the driver will tell the police officer. That’s creating inconsistencies. They simply don’t do that. They also fail to look
in the car for evidence– open containers,
things of that nature. Third thing they do
wrong all the time is improper collection of
chemical test evidence. For example, in order for
a test to be validated, a breath test, called the
Evidentiary Breath Test, under California court
of regulation Title 17, there needs to be a
15 minute observation period, continuous
observation where the officer observes
the arrestee. Oftentimes, these chemical tests
are being taken at a station. When the officers get to
the station or the jail, they have to secure
their weapons. When they do that,
they open their trunk, they never take the defendant
out because it would be unsafe. Now, the defendant’s
in the car, the officer no longer sees them, the
trunk’s blocking them. They take about a minute
to secure their weapons. They close it. They walk them
right into the jail, and the chemical test
takes about 10 minutes this has happened. So we have a break in
that 15 minute window, and that makes it a
violation of Title 17. And that’s super
important in DMV APS cases, because if we can show
that by evidentiary testimony, it shifts the burden back to
the Department of Motor Vehicle. When that happens, now
they have to call an expert to fix that problem, and they
never want to call experts. Another issue we
see, number four, is the officers failed
to properly collect blood evidence. And what happens is you take the
station, the cop is with you, and they’re not really
watching the blood test go on. They’re not see exactly what the
nurse or phlebotomist is doing. They’re probably
filling out paperwork. It’s been our experience in
the thousands of DUI cases we’ve handled here, that the
cops are just not watching. And so you later learn that
when you get them at DMV, you cross examine
them, you ask them what did the nurse do
after she drew blood? And you have them
describe in detail, taking the blood out,
putting in a vial. Did you see anything else,
officer will ask him. And undoubtedly they’ll say no. What they’re missing because
they’re not paying attention is the inversion
of the blood vial, so that the preservative,
which is sodium fluoride, and the anticoagulant
that’s in the vial mixes properly with the blood. If that’s not done correctly,
then fermentation can occur. And if fermentation occurs,
we use that at DMV hearing, and it shifts the
burden back to DMV, so you wind up winning
the APS action. And use the same
argument in court. And finally, the fifth
thing that they do wrong is they seem to lack the true
understanding of field sobriety test. They have basic training
in field sobriety test, and oftentimes, a
majority of times, they improperly instruct
and demonstrate, and actually record how the
person performs the test. Additionally, they don’t use
the standardized testing. There’s three
standardized testing of field sobriety
tests in California. Officers really don’t
understand those tests. They use the hand pat test,
or the finger count test, or the finger to nose test. And the reason those
tests aren’t standardized because it is subjective
versus an objective standard on the standardized test. So there’s no way to
really quantify, engage your performance. In addition, officers do a
lousy job in field sobriety test, the location,
they don’t factor in fatigue, physical
abnormalities of the person, overweight–
people that are overweight, a grade– rocks, dirt, gravel. They just do a horrible
job in all those areas. And I tell you, as a lawyer
who has done thousands of DUI cases, it is one
of the most fertile areas of cross examination to help
your client win a DMV APS hearing and actually
win a trial in court.

100 thoughts on “5 Police Mistakes That Can Get Your DUI Charges Dismissed

  1. They stagger out of their fucking cars stinking like booze. They stink and stagger doing the SFST's. Drunk assholes murdering other people on the roads because they can't wait a half an hour to pour alcohol down their throats. Is this ambulance chasing ex-cop right about all he says? Yes. But fuck him. And fuck them.

  2. Hey topherh….what are you a professional drunk lawyer (makes you functional) good job.. a professional drunk. never had an accident that i caused…almost rear ended by a drunk driver, but i was paying attention in my rear view mirror.. got out of his way…it was 2 a.m. i was not tired…but he was convicted….it is pieces of crap lawyers that focus on DUI law instead of taking drunks off the road…sorry if calling you a drunk offends you. not really. take a drink, i know reading this may make you lose your concentration while you are getting drunker by the second….may this lawyer get hit by a drunk driver he GOT OFF…POS

  3. Texting/Talking while driving is PROVEN MORE DANGEROUS….but they prefer to go after DUI's because there's already a System in place for "cashing in" on it. Cops don't give a flying FUCK about safety…period….they are just BRAINWASHED into creating revenue for the town(and being "told" it's for citizens safety) FUCK THE POLICE, NO ONE LIKES YOU, JUST QUIT!

  4. If you need any legal assistance such as someone to make your motions, affidavits, and etc for any type of case, then contact Fully Loaded Legal Consultations on Facebook. They helped me beat a DUI charge as well as a possession of marijuana charge (Case dismissed). They help discharge debts too. Student Loan debts, IRS debts, Mortgage debts and the list goes on.. Very helpful and affordable. https://www.facebook.com/Fully-Loaded-Legal-Consultations-1575855785997948/?fref=ts

  5. This video is pointless, why the hell would you say this and promote bad habits, why not mention how its not right to drink and drive, putting your fellow humans at risk… pathetic

  6. How involved can police make the passenger of the car? In my situation, I was a passenger and the officer demanded that I show ID and told me to step out of the vehicle along with my brother, who was the driver.

  7. DUI is no joke. People die at the intoxicated hand of drunks behind the wheel every day. If you think you're 'helping' your clients by getting them off, you're mistaken. Life is trying to tell the drunk that they need to change their ways. A DUI is a wake up call. Getting them off merely enables them to get drunk again and drive some more. How do you know they won't kill next time?

  8. Jesus H Christ, this fucking sleazy ambulance chaser telling you how to get these drunk murderers back onto the streets driving so they can maim or kill another innocent. All because the cop didn't go to Phlobotemy school and watch every second what the dip-shit nurse was exactly doing with the blood vial. Your client was driving all over the road, he stunk like fucking alcohol, his speech was slurred, he failed the SFST's….he was DRUNK. Any fucking jury who lets these car salesman lawyers get their clients off is worthless.

  9. There are so many bad cops that it is necessary to protect yourself from them that includes untrue DUI's.

  10. Sorry to get your hopes up none of this really works. Besides, your lawyer will let you agree to probation. Then the police just play the waiting game and you are screwed for life. Nobody ever gets away with drunk driving. You have to pay big money. That is the scam. Make money from misfortune.

  11. I dunno, may just be me, but IF this is a REAL lawyer, and IF he was really successful, wouldn't you think he'd have a better grill? Yoose guys can do whatever floats your dingy, but I'm kinda skeptical

  12. i believe that officers say the same things in every case to justify the pullover.I find it strange that in most all cases I've read,a person can be under the limit,just above,way above or even pass a sobriety test yet all of their citations suggest that every last one of them had bloodshot eyes,alcohol odor,slurred speech and bad balance.

  13. Had a friend, several years back, we were out going to the store and a dog ran in front of her car. She swerved to miss it and wound up over the curb and into a ditch. Neither of our airbags deployed as it was a very low speed thing, and she wacked her head a good one on the steering wheel. Said she was dizzy. So we called the cops and I sat with her (I'm an RN), making srue she was okay. Cops come, they never talk to me, they stand her up and her knees buckle, and just like that, boom. In handcuffs and in the back of the patrol car. I'm like "?????" She told them she hit her head and was dizzy. Then suddenly she's out of the cuffs, and the cops drive us to her house cause her car got towed to impound. She gets a couple tickets, one we can't understand cause there's no code that shows up in the online system. I go to court with her, and it turns out that that one ticket we couldn't figure out was a DUI. Again….??? They never did a field sobriety test, no breath, blood, or urine test, and she sure as helll wasn't drunk or on drugs. She's a frigging tea-totaler. So we pick out a DUI lawyer and he goes to the courthouse. Apparently, they're really into prosecuting these DUI charges no matter what. Get the police report. States "Single car accident, driver distracted by dog in road, swerved to miss. Complained of dizziness after hitting head on steering wheel. Seemed unsteady on her feet. Released her to home." That's it and that's all. Where does the DUI come in? Apparently, the DA couldn't believe it either, and dropped all charges. So yeah, these cops can be really messed up. Not only was there most definitely NOT a DUI, they didn't even do anything to prove that it WAS.

  14. police do a lousy job. Case in point 84.7% of crimes go unsolved anyone else would be fired with that kind of a record of success

  15. "Lack of intellectual capacity" – that applies to all the pigs. Anyone with half a brain would find a different occupation. Pigs are just angry that people they harass are more intelligent than they are. Hence all the bullying. Nasty, dumb pigs.

  16. Lawyers only want money, as soon as you pay them they will persuade you to plead guilty or take the back on tracks program if it is offered. The DUI is a business where the only person that lose is you. Be careful.

  17. Lack of intellectual capacity. Really? Coming from a lawyer who doesn't invest money, that he seems to have, on maintaining his teeth? An occupation in where you are constantly communicating… you have fucked teeth? And you apparently have intelligence? Wow…

  18. Why the hell are you trying to HELP people get away with drunk driving one of the leading causes of death? Kinda sick IMO.

  19. In Australia there is no ridiculous sobriety test , you blow into a breathalyzer unit , if you pass you are free to go , or you can go for a blood test .
    The sobriety test is design for you to fail , plain stupid and totally unnecessary.

  20. What about if you're NOT DRIVING? I mean NOT using a "motor vehicle" in its "commercial capacity", NOT performing a service – like hauling goods or carrying passengers – for HIRE? THAT is what "driving" is. If you're taking somebody else's stuff from one place to another FOR PAY, and using your "private" car as a "vehicle", using it in commerce, then THAT is "driving", and the cop should be asking you for your Bill of Lading. If you're taking somebody from one place to another FOR HIRE, then they are a "passenger", not merely your guest, and the cop should be asking you for your PASSENGER MANIFEST, to show the court you were a DRIVER of a VEHICLE. See? It's all a matter of what you were doing, and in what capacity – either using a car for private business or pleasure, or using a motor vehicle for commercial pursuits. But we use the word "driver" and call our guests "passengers", so what else is a cop to do, but write out the "complaint" (the ticket) against the "person" (corporate entity) who's making admissions and confessions to being in commerce?

  21. Sergeant!? Thank you for the valuable advice. Obviously not too proud of some of your former co-workers. You're one of a kind there, fellow

  22. I had a Court Appointed Attorney…(NEVER GO WITH THAT!!) There Was No Field Test, No Breathalyzer AND They LOST the Blood Sample!!! Plus, I wasn't taken to Jail…I was taken to the MENTAL WARD!!! But my 'Attorney' convinced me to take a Plea!!! What A Fucking MISTAKE!!!!

  23. Keep playing words games! I hope you've been praying for your daughter doesn't get hit by one of your so innocent clients​!

  24. I can hear all the drunk assholes now. Wahhhhh, wahhhhhhh, sobriety tests are designed for you to fail, wahhhh, wahhhh, wahhhhh, Scope will make me fail the breathalyzer, wahhhhhh, wahhhhhhh.

  25. Nice to see a former cop doing god's work and getting paid to help scumbags and potential killers walk free. But hey, it is California

  26. How about illegal roadblock….in driving 1:00 AM home on the highway no cars out…..I come to 2 police cars out in middle of road…..no one is outside no flashlights no vests on….police light weren't even flashing…..I pass 10feet….then they quickly pull me over…..and proceed to ask for i.d…and everything…..is this not an illegal roadblock??? How do you defend when police aren't wearing body cams…and you have no dash cam

  27. I've tried doing the field sobriety tests sober in my home, and I can't pass it. I tend to believe those who say it's designed to fail people.

  28. I’m 32 and the first time in my life I’ve been pulled over and charged with an OUI. I just worked 5 12hr days and I went to the bar after work to have some wings and a few beers. I was on my bike and the stop sign that’s down the road from me is on a hill. I always roll through that sign if I deemed safe to do so. Unfortunately, I was caught and did a shitty field sobriety test because I was nervous and I had dry mouth lol. I was booked and took to the PD. I blew just under .08. My job doesn’t take this stuff lightly. I was out of work 3 weeks un paid. What a headache this was. I finally got the oui charge dropped because my lawyer was banking on my drug test to be clean. So yeah… don’t roll through stop signs leaving the bar.

  29. This is your typical scumbag defense attorney. Anything he can do to get the GUILTY client off. DON'T DRINK AND DRIVE AND YOU CAN SAVE YOUR MONEY AND TIME!

  30. Lack of intellectual capacity… Welcome to Kentucky. The state cops here are a bunch of unprofessional military-wannabes that couldn't cut it, and are nothing but arrogant pricks with huge egos, tiny dicks and even tinier brains. I do not drink or do drugs. I don't even speed! Yet, I got held up in a roadblock for over 20 minutes by an arrogant, screaming asshole because my eyes jitter – a condition called nystagmus. Trying to explain nystagmus to the stupid Trumplefuk was a waste of time.

    I finally had to demand he either arrest me or let me go. The only thing he got right that night was that he chose to let me go. I'm now afraid to leave my house after dark. If I ever get caught up in another situation like this, I'm pulling out my phone, and am going to record the entire stop.

  31. You failed to tell people that the cop needs to produce a warrant to the hospital for the hospital to do a blood test. Hospitals are not supposed to simply comply with police orders over patient rights, there are rules and laws. Patient should sue their lawyers for not representing them correctly.

  32. There should be a group of people, that, when a person gets pulled over and suspected of D.U.I., instead of arresting the driver, the police officer can call the group and a member comes out and waits with the driver until such a time as they are sober. By not arresting the driver, you are keeping space open in jail for real criminals.
    This would help save time and money for tax payers because there is one less body to house, cloth, and feed. Also, it frees up the courts because now there is no DUI case to bring to trial.
    This also frees up the officer to continue their patrol for an actual emergency.
    In addition, the driver is allowed to safely go about their way. Perhaps go to work and make a paycheck and help stimulate the economy.

    Idk just an idea

  33. Well arresting a drunk is so easy. Cops don't need the driver to say a word, or take a test, nor do they need to ask the passenger any questions. If a cop sees poor driving behavior, slurred speech, red blood shot watery eyes, and an odor of alcohol, that's enough to make an arrest. Transport him or her to the station, sit them down and watch them for 15 minutes. Read them them admin per se. If they refuse, cool, get a search warrant and get blood and book them. This attorney is an idiot. I know many cops who have never lost a DUI case. It's almost impossible if pulled over drunk to win a DUI case.

  34. It's assholes like this that are former cops that basically sell their experience to the defense nose or become defense attorneys. They know just as much as the cop and drunk defendant their drunk. Let's Monday night examine this and see if the cops dotted their eye and crossed their tee. The drunk defendant is still spending thousands of dollars for their drunk actions.

  35. I know!! How about not drinking and driving in the,first place? Then you wouldn’t have to worry about tricking police officers who are supposed to be trying to keep our streets safe…especially for those of us who wouldn’t think of being so irresponsible and selfish in the first place. I wonder if the tricks you espouse would still work if someone committed vehicular homicide? This “former cop” who has covered himself in shame is disgusting, and only worthy of contempt.

  36. I have a DUI with absolutely no evidence. I am in Colorado and considering hiring out of state atorney that have some cojones.
    You can contact me if you are interested.

  37. well I have never lost a DUI case in more than 20 yrs so I guess i don't meet the poor intellectual capacity….the hand pat test and finger count test are pre-exit tests or divided attention tests they are used to decide weather to get a subject out and do SFSTs. And No you dont have to do all 3. You only have to do the chemical tests at the station and the Officer choices which ones not the subject…

  38. i was here about 2 weeks ago, in desperate need of a credit repair and i needed my DUI record cleared, all i had was a couple of hundred bucks, after reading good reviews about geniusolution i decided to give him a try and i explained why i needed this done so bad, he was at first unwilling to help me, because of my low funds but after a lot of discussions he finally accepted to help me, i just had to make payment, i way wary but i accepted, i am just here to clear doubts that geniusolution is real and will successfully deliver on your hack request, i pray for him everyday because he has put a smile on myself and my daughter's face, you can contact him via [email protected]

  39. When I was stoped the cop had me sit on the back of the truck bumper an take the test …he said i was to tall…just like a wall sit….will that make a difference in the dui charge

  40. I got a DUI in Florida a few years back. Refused the breathalyzer. Failed the field sobriety tests. Got a lawyer and fought it. The case was dismissed because the cop never wrote me a ticket for why he pulled me over in the first place. I couldn't believe it, but it happened. Still lost my license for a year for refusing, but no DUI…

  41. Great video thank you. I live in Texas am 68 retired. I was at a DWI stop. I was arrested for all the wrong reasons. Not drinking. After 2 hrs. At the station they came to me and tool me get the hell out of here old man. Without any explanation.

  42. you say all this as if the justice system cares at all that cops lie or are derelict of duty. pigs murder people on camera and walk Scott free. what chance does a lesser charge have they are thieves and liars as are prosecutors and judges.

  43. You used to ne a police officer? Poor reports? Where the fuck were you an officer, Timbuktu? You are only trying to give your firm a plug. You are an ass! I find so much wrong with your advice/input.

  44. The lifetime risk of getting killed in a motor vehicle accident is 1 out of 113. That is roughly one person in each high school class. The chance that this attorney group, you reading this comment or myself will know someone who is killed in a motor vehicle accident and specifically a drunk driver being involved is exceedingly high. This attorney group is advising people how to evade testing and screening for drunk driving. Awesome. Because what we really need is people who drink or drive getting out of field testing for drunk driving. I would recommend to this attorney group to really dig deep and think "Is what I am doing making this world better or worse?". Using the defense that "I am a criminal defense attorney" in this situation is analogous to someone teaching people to evade metal detectors and testing for weapons in airports but saying "I have no contribution to someone blowing up a plane".

  45. why is it that you never once mentioned that all this is consensual and without consent there is no evidence ?…you're a fkn crook son…thats why

  46. If the cop draws your blood for an alcohol level and they use an alcohol wipe on your skin before inserting the needle, it causes you to have a false high blood alcohol level and is void when your attorney is made aware of this by you. You look at the labelling on the little wipe square flat they tear open, without saying a word to the cop and read if it says alcohol on it. An alcohol wipe also does the same thing with a blood sample from a fingertip for a blood glucose ( blood sugar ) level check for a diabetic. It causes a false high blood sugar ( alcohol ) reading because alcohol has a lot of sugar in it.

  47. Traitor…what a great cop you must have been after seeing the death and destruction DUIs cause, then choosing to get rich allowing them to get off and do it again. Maybe you shouldn't trust this guy if you need an attorney, if he sold out his fellow officers he'll sell you out too if the price is right

  48. Whatever happened to DWI? When one really had to be truly *intoxicated*… as compared to DUI where a 200lb man could have a couple of beers and drive home… knowing damn well hes not 'drunk'…. but, still considered as *under the influence*? Modern America horse-shit. Follow the money. Its in petty citations, arbitrary arrests and of course, prison stents. Gotta love the *Land of the Free*…

  49. I'm built very large downtown. This imbalances me and makes the One Leg Stand and Walk and Turn Test very difficult to do. What are my options?

  50. This is so important if you want to win your case. This cheap course will make it not even neccesary to hire a lawyer! Seriously, it teaches u all u need to know in a few hours… It got me my kids back from CPS!


  51. Speaking as a State Police Officer, driving while intoxicated or impaired shows a lack of intelectual capacity. Also, even if you are able to skate on a foolosh technicality in a libral state the lawyer fees and embarrassment involved in DUI charges are expensive. Not to mention you get to spend the night in a nice cube. Drive safe and I hope we never meet.

  52. Anybody know a good attorney in WA state? I was taken to the station and they did a blood test without a physical consent meaning they took my blood out before I signed the paper because they weren’t paying attention. I was arrested off probable cause because of my last DUI this time I wasn’t under anything.

  53. How about not drinking and driving in the first place? That way you're less likely to be pulled over. You're also less likely to kill someone. People who drink and drive should be given severe electric shocks for 24 hours. Minimum.

  54. Very helpful smart guy. I drink a lot I just wanted to know if I could get drunk driving in my car while I'm sleeping and the key is very far away the engine is not running it's a key fob but there's no key can I get DUI sleeping in the driver seat thank you

  55. They book me last night, but never took a blood test I only blew into the breathalyzer! Any hope I can beat it I blew a 1.2 and 1.5 I believe?

  56. I got taken to jail because they accused me of driving my car when it was parked and my car was off. I was walking to the store and they didn’t test me till 5 hours later.

  57. So the cop does sobriety tests wrong etc BUT you blow over the limit at the station and it is printed out--that is the main evidence they have against you-now try to beat that—no matter what happens that crappy machine says you are over the limit–it has been calibrated and certified correct I dont know any way you can beat that

  58. Maybe you don't fucking drink and drive, then you wont have to worry about this
    Also he's mentioning DUI test's for an Officer who is not "DUI Certified". Its easy as hell to say a person is "drunk", try to say that to 12 people that have an average intelligence of an 8th grader.
    This dude doesn't know shit

  59. Theoretical situation … the lawyer in this video has a young child who was driving home from his job at a grocery store at 11 PM. A woman driving a huge Ford Expedition comes out of nowhere and plows into the front end of the child's car turning the kid into raspberry syrup. The child's severed head is found in the back seat of the car and when cops extract the woman from the Expedition … she and the interior of the vehicle smells like a Jim Beam warehouse. Broken bottles of Jim Beam and other groceries from bags are strewn all over the inside of the SUV. The woman refuses field sobriety, breathalyzer and blood tests and goes to jail. The child is extracted dead from his vehicle and is taken to the ME's office. At trial, the killer's attorney shows that the cops totally screwed up evidence gathering and forgot to turn on their body cams and failed to mention in their report (among other facts) that the killer had just left a grocery store where employees there remember her buying the booze. The defense attorney asserts the Expedition smelled like Jim Beam because the bottles exploded when the two vehicles hit spraying booze everywhere. The defendant wins the OMVI trial and only gets convicted of reckless operation of a vehicle … has NO prior criminal history … and gets off with minimal jail time, if any. I wonder if all those thousands of OMVI trials this video lawyer had participated in were flashing through his head at the closed casket funeral for his beheaded child. Remember folks … lawyers like these are mercenaries. They get paid whether they win or lose. But I bet the video lawyer could afford a really nice casket with brass fixtures and satin lining for the child who now resides under a really nice marble headstone with angels chiseled into it.

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