Challenging Unlawful Stops in a California DUI Case

If the police lacked reasonable suspicion, the stop may have been illegal

Challenging Unlawful Stops in a California DUI Case

Many DUI arrests start with a traffic stop. A person is allegedly driving erratically, which causes the police officer to stop them. From there, the officer claims to notice signs of intoxication, such as red eyes, an odor of alcohol, or that the person is slurring their words. The next step is often an arrest on suspicion of driving under the influence (DUI).

Yet not every stop made by the police is legal. According to a DUI defense lawyer Orange County, CA, the police use have reasonable suspicion to believe that a person is violating the law. The officer must be able to point to specific, articulable facts to support this suspicion, nor a mere hunch or based on the way that you look. The reason for the stop should be documented in his or her report.

To stop a vehicle, it is not necessary that a law enforcement officer believes that you are driving under the influence of alcohol or drugs. Instead, the officer can stop you because he or she believes that you are violating any traffic law. For example, if you are speeding, if you change lanes unsafely, are weaving in a lane of traffic, or if you failed to make a complete stop at a stop sign, you could be pulled over by a police officer. If you engage in any conduct that may be unsafe, or if you commit any traffic violation or infraction, then it could form the basis for reasonable suspicion to make a stop.

There are cases where the police officer did not have reasonable suspicion to pull someone over, and simply stopped a vehicle based on a feeling or a hunch. In those cases, if a DUI defense lawyer Orange County, CA can demonstrate that there was no reasonable suspicion to make the stop, then all evidence gathered as a result of the stop will be suppressed. In most cases, without evidence from the stop, the DUI charge will be dismissed.

A skilled attorney will examine the police report of the incident to determine if there was a legal basis for making the stop. Beyond the report, your DUI defense lawyer Orange County, CA will likely request 911 calls, video and audio tapes as well as body camera footage to challenge the arresting officer’s version of events. This evidence can be used to demonstrate that there was no reasonable suspicion to make the stop, and as such, the stop was not legal.

The Chambers Law Firm works with clients in Orange County and the surrounding areas who have been charged with DUI and related offenses. We develop factual and legal defenses to help our clients achieve the best possible outcome — negotiating deals, getting cases dismissed when possible, and going to trial when necessary. To learn more or to schedule a free initial consultation with an experienced DUI defense lawyer Orange County, CA, contact us today at 714-760-4088 or dchambers@clfca.com.

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