December 10, 2014

Offering False Evidence is a Bad Idea

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We all know that it is perjury to give false testimony under oath, a serious crime. What some people don’t realize is that it’s also a crime to present any fictitious evidence in a legal proceeding.

Stated in California Penal Code 132, the crime of offering false evidence makes it illegal to present any false written evidence - if your purpose is to deceive the court into believing it to be true.

In the DUI context, this might include someone submitting false receipts for alcohol - trying to make the court believe you drank less than you really did. Or it could include phony or doctored medical records suggesting you have a health condition that affected your ability to perform the field sobriety tests.

Violations of Penal Code 132 are felonies that can land someone in state prison for up to 3 years.

It’s a good idea to locate and muster up evidence to support your defense. But it’s never a good idea to offer up fictitious, forged or otherwise false evidence.


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The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs. The most commonly used terms are DUI, an acronym for Driving Under the Influence, and DWI, an acronym for Driving While Impaired.
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