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  1. #1

    Exclamation Pulled Over for Speeding but Officer Wrote It for a DUI with DUI Section Code

    My question involves a speeding ticket from the State of California. I was trying to follow my friend who was going really fast. We both got pulled over, the officer told me he pulled me over for speeding, wrote my ticket, gave it to me to sign and left. After looking at the ticket I realize he wrote it as a DUI and under the DUI code. He didnt give me a breathalyzer or any form of field sobriety test. I wasnt drunk or on any drugs. Can i fight this and win? if so how do I go about doing it? or will they just change the ticket to a speeding ticket in court?

  2. #2
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    Default Re: Pulled Over for Speeding but Officer Wrote It for a DUI with DUI Section Code

    Quote Quoting grant_evans_2
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    My question involves a speeding ticket from the State of California. I was trying to follow my friend who was going really fast. We both got pulled over, the officer told me he pulled me over for speeding, wrote my ticket, gave it to me to sign and left. After looking at the ticket I realize he wrote it as a DUI and under the DUI code. He didnt give me a breathalyzer or any form of field sobriety test. I wasnt drunk or on any drugs. Can i fight this and win? if so how do I go about doing it? or will they just change the ticket to a speeding ticket in court?
    What code section were you cited for? What does your citation state?

  3. #3

    Default Re: Pulled Over for Speeding but Officer Wrote It for a DUI with DUI Section Code

    i was cited in salano county for 23152(a) VC - DUI. NO form of sobriety test at all. Plus he just let me leave. If it was a DUI wouldnt I have to take a sobriety test or something and not be allowed to drive away? should i go take a drug test? Im 20 so if it were alcohol under zero tolerance I would have been arrested. Plus the officer told me he was citing me for speeding.

  4. #4
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    Default Re: Pulled Over for Speeding but Officer Wrote It for a DUI with DUI Section Code

    How long ago did this happen?

    I can only assume that you will soon be receiving a Notice of Correction amending the citation. You can also contact the officer's department to further inquire about the discrepancy.

  5. #5

    Default Re: Pulled Over for Speeding but Officer Wrote It for a DUI with DUI Section Code

    it hapened 1/9/11 at 2:43am. So this morning. What if I dont get a corection? How can I fight this?

  6. #6
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    Default Re: Pulled Over for Speeding but Officer Wrote It for a DUI with DUI Section Code

    If you do not get a correction to a speed or other relevant violation, I strongly suspect that the DA will never file because there will be no report or facts to support a DUI allegation.

    No matter, unless otherwise advised IN WRITING BY THE COURT, attend the court indicated at the date and time indicated on the citation.

  7. #7

    Default Re: Pulled Over for Speeding but Officer Wrote It for a DUI with DUI Section Code

    ill attend the court date but is it possible to get the speeding part thrown out because he didn't cite me for it? He wrote the speed I was going correct but only cited me for a DUI, which is totally irrelevant to the reason I was pulled over.

  8. #8
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    Default Re: Pulled Over for Speeding but Officer Wrote It for a DUI with DUI Section Code

    Quote Quoting grant_evans_2
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    ill attend the court date but is it possible to get the speeding part thrown out because he didn't cite me for it? He wrote the speed I was going correct but only cited me for a DUI, which is totally irrelevant to the reason I was pulled over.
    If a Notice of Correction is filed and mailed to you (which typically should happen before the arraignment (i.e. your first court appearance)), then the error would be immaterial and the speeding case would proceed accordingly. So the odds of getting the speeding part thrown out under those circumstances are pretty slim.

  9. #9
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    Default Re: Pulled Over for Speeding but Officer Wrote It for a DUI with DUI Section Code

    Quote Quoting grant_evans_2
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    ill attend the court date but is it possible to get the speeding part thrown out because he didn't cite me for it?
    Only if he fails to amend it before trial. At your first hearing you will be arraigned. If they arraign you on DUI (which would be unlikely if you were cited into traffic court) then you should consider pleading not guilty and asking for a public defender. I suspect that either the court will balk at this, or, no charges will be filed if it stays un-amended.

    He wrote the speed I was going correct but only cited me for a DUI, which is totally irrelevant to the reason I was pulled over.
    That is a seriously bad mistake.

    Did he have you blow in a machine or take any tests?? I'm trying to think if there was any reason he might have cited you for any alcohol related section and then got the sections messed up. If under 21 and you tested out at .01 or higher, then you could have been released with a cite for CVC 23136, but 23152 would seem to be wrong all around.

  10. #10

    Default Re: Pulled Over for Speeding but Officer Wrote It for a DUI with DUI Section Code

    there was no breathalyzer, there was no finger test, i didnt have to exit my vehicle and walk a line, he told me he was citing me for speeding and wrote me up a DUI. i checked the code and 23152(a) is drugs and 23152(b) is alcohol. SO he thought i was on drugs but did not give me any form of field test, and let me drive away. Should I go take a drug test today to help my case?

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