What to do if my friend was stopped 5 months ago because he was supposedly swerving in his car?

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What to do if my friend was stopped 5 months ago because he was supposedly swerving in his car?

The officers had him step out the vehicle and do the field sobriety test over and over and over again. They cuffed him and took him to the station all while not reading him his rights. At the station they had him use the breathalyzer which he says was a little less than.08. He just received a letter today to attend court a week from today. What should he do?

Asked on November 25, 2015 under Criminal Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Immediately contact a private criminal defense attorney. Get the lawyer to get the police report, and the camera footage. It doesn't matter if he blew less than .08. If he was not sober per se and it affected his driving, then the police had probable cause to arrest him.  This is all conjecture at this point, however. He needs to have the lawyer review all records. If he wasn't read his Miranda rights, then that may be sufficient to throw out any charges.


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