Malone, FL DUI Law Firms & Lawyers

There is usually an arrest affidavit and a DUI citation issued immediately at the time of arrest and these documents are what you most likely obtained from the clerks office. The actual police report is a typed narrative that is prepared subsequent to the initial arrest  and may be several typed pages long. the police report should not contain significantly different information than the arrest affidavit and citation, just more detail. If three are significant differences it could be in your favor at trial as there may be inconsistencies that raise reasonable doubt.

The car needs to actually be moving to be convicted of DUI. Some states have operating under the influence statutes which allow prosecution for being in or around the car while drunk. California requires what's called volitional movement of the vehicle to obtain a conviction. I like to remind cops, prosecutors and people that the "D" in DUI stands for driving and they must prove that the person charged was driving to obtain a conviction. There are a couple of exceptions to the driving requirement and those are covered under Vehicle Code Section 40300.5. If you've been in an accident or if the car is blocking the roadway, then the cops don't need to see the car move. In addition to the requirement to prove Driving at trial, the common law and Penal Code Section 836 require that a misdemeanor offense occur in the presence of the cop who makes an arrest for the arrest to be lawful. A DUI cannot occur in the officer's presence, if he doesn't see (sense) driving. This may not be an issue if there are other crimes that can be charged.