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.
