DUI DEFENSE – CHALLENGING THE STOP OR DETENTION

There are many different ways to mount a thorough and vigorous defense when you choose a skilled California DUI attorney from Summit Defense. One way is to determine whether or not the arresting officer is at fault for an unlawful arrest. This unlawfulness can be determined in two ways: 1) if the officer initiated the stop with unfair pretext and 2) if there is evidence that the officer acted in a discriminatory manner. If a traffic stop and subsequent arrest is deemed unlawful, the state’s case essentially evaporates. This is because under the “fruit of the poisonous tree” doctrine, the state cannot use evidence gathered as a result of an unlawful stop. The way to bring this challenge to court is through a “motion to suppress evidence” (Penal Code §1538.5) filed by a California DUI attorney.

 

First, an officer of the law may determine that it is necessary to pull someone over because they believe that they have reasonable evidence to suggest that the person driving is under the influence of alcohol or drugs. Common evidence includes swerving, recklessness, and running red lights or stop signs. Obviously, if a person is guilty of basic traffic violations, an officer has the right to pull them over. However, when a police officer initiates a traffic stop on the pretext of a broken tail light, for example, or “fuzzy dice” hanging from the mirror (causing, ostensibly, a barrier to the driver’s vision), then it is possible to prove that the officer in question had a premeditated intention of pulling over or arresting the driver. Simply proving that unfair or discriminatory pretext was used will not hold up in a court of law. It may be necessary to question the arresting officer. It is certain that their testimony will be important in proving that the initial stop, whether it resulted in a DUI arrest or not, was illegal to begin with.

 

Traffic stops on the basis of discrimination are illegal, yet incredibly common. Even if the individual driving happens to be intoxicated, if the pretext for their stop and seizure is illegal, the arrest can easily be challenged. If an officer is required to justify a DUI arrest, they will not be able to do so if they have pulled an individual over for “suspicious dress,” car model (or vehicle decoration), or on the basis of race. If you believe you’ve been the victim of discrimination, then challenge the stop with a renowned California DUI attorney from Summit Defense. We’ll work to prove that there was no probable cause for the stop, and then move on to challenge any further illegally obtained evidence (including your breath or blood results). Even though the laws are notoriously strict, there’s no reason to live with the burden of an unlawful California DUI. Attorney fees don’t have to break you at the bank. Get the defense you deserve at Summit Defense. You could be one phone call away from dismissal!