Without reasonable cause, the stop is not legal
If you are driving down the street, a police officer cannot pull you over for absolutely no reason — he or she must have what is known as “reasonable cause.” Just as we are free from unreasonable searches and seizures in our home, we are also free from unreasonable stops when we are driving our vehicles.
Under California law, a police officer must have reasonable cause — also referred to a reasonable suspicion — that you have committed a traffic violation or another crime before stopping your vehicle. As a DUI defense attorney Los Angeles, CA can explain, if an officer pulls you over for another reason — such as for your race — then the stop may be illegal.
In DUI cases, police officers need reasonable cause that you are driving under the influence of alcohol and/or drugs. This does not require a law enforcement officer to actually witness you getting into your vehicle after watching you ingest alcohol. Instead, this reasonable cause can be based on factors such as you swerving between lanes, driving slower than the speed limit, or going through traffic signals.
For example, consider a situation where you are driving home from a friend’s house after a cookout. You had a beer or two, but you are not intoxicated — you also ate a big meal, and those two beers were spread out over the course of a few hours. You pull up to a stop sign, and turn right. You see flashing lights behind you, and a police officer pulls you over on suspicion of driving under the influence. He claims that you failed to signal your turn. Is that reasonable cause for a DUI stop?
While failing to properly signal a turn may be a traffic violation under California law, it is not typically considered a sign that someone is driving under the influence of alcohol or drugs. If you were otherwise driving normally, as a reasonable sober person would under similar circumstances, then the officer likely did not have reasonable cause to stop you.
What is the remedy if an officer pulled you over illegally? According to a DUI defense attorney Los Angeles, CA, if you were stopped illegally, your lawyer may be able to file a Motion to Suppress. This is a legal document filed with the court that asks the judge to suppress the evidence against you. In other words, if the prosecution cannot prove that there was reasonable cause to pull you over, then the stop was illegal, and all evidence gathered as a result of the stop cannot be used against you. In this case, the charges against you may be dismissed.
At the Chambers Law Firm, we are skilled at representing clients who have been charged with California DUIs. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a DUI defense attorney Los Angeles, CA.
