Can I get my case dismissed?

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Can I get my case dismissed?

I had single vehicle car accident. The police thought I was under the infleuce.

They arrested me and gave me a DUI. I was not intoxicated at the time of my

accident but since I had trace amounts in my system I had to take the DUI. They

seized my phone and told me they we’re trying to get a search warrant. A few

days later they called me to get it. They left a forenic application on my phone, so I have proof that they searched it. I have never been in trouble so I took the charge. Someone said I better look in to it, so I did but no one can find a search warrant. I go before the judge in a week to try to get my license.

Asked on October 3, 2018 under Criminal Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Searching your phone improperly (e.g. without a warrant) can result in any evidence from the phone being discarded or excluded (i.e. it will not be able to be used against you) but does not automatically result in the dismissal of the case. If the authorities believe they have sufficient other evidence (outside of the phone) to prove their case, they can proceed.


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