Unlawful Police Stops in San Diego

Do You Need A California DUI Defense Lawyer?

Law enforcement has strict guidelines which they must follow in order to stop a driver on the road. They are not allowed to randomly select anyone and stop them for no reason. There must be probable cause. The officer must have a level of reasonable belief that a crime has been committed. For example, to stop a driver for DUI there must be some indication of it such as reckless driving or observation of an open container of alcohol in the vehicle. Unfortunately, many police officers will use the fact that many people are unaware of the law against them.

Have you been stopped by police on suspicion of drunk driving? It may not have been a legal police stop! Consult with San Diego’s top DUI defense attorney Mark De Yoe about your options and how he can defend you- get started by calling our office today!

When is a DUI arrest illegal?

One of the key tenets that governs whether a police stop is legal or illegal is whether or not there was probable cause that existed to make the stop to begin with. Probable cause means that law enforcement needed reasonable belief that a crime is occurring to make a stop.

Under the law:

  • Specific facts must be provided to justify making any stop
  • Suspicion must exist that a driver was drinking before a DUI investigation can begin
  • Officer must have enough evidence before making a DUI arrest

A driver that believes that their DUI arrest was made without sufficient probable cause may be able to have a significant amount of information pertaining to the case removed from consideration in court and potentially have charges reduced or eliminated.

What about sobriety checkpoints?

This is one reason why sobriety checkpoints are considered by some as a violation of rights. According to the California Highway Patrol, California frequently sets up these checkpoints in order to reduce the number of drunk drivers on the state’s highways. One strong line of defense at these checkpoints is that arresting officers do not have the ability to witness whether or not the driver was driving recklessly.

Sometimes it happens that law enforcement can act in such a way as to indicate prejudice. An example would be stopping someone just because they were of a certain ethnicity, age or gender. This is illegal. Even at DUI checkpoints, officers must abide by a certain pattern, such as inspecting every fourth driver that passes through the checkpoints.

While sobriety checkpoints remain legal, there are still strong lines of defense for arrests made at them. If this describes something similar that has happened to you or someone you know, immediately contact a San Diego DUI lawyer. If you were stopped unlawfully, any evidence gathered or charges made can very possibly be negated by a skilled lawyer.

Our DUI Attorney Is Available to You 24/7

It is vitally important in a DUI case that the attorney examine every detail of the arrest from before the driver is stopped up through the arrest. A reliable attorney, such as San Diego DUI lawyer will do so. He will make sure that your rights were not violated at any point along the legal process and if they were, he will act tenaciously to gain an advantage for you. It is important that rights are protected for all parties concerned.

If you suspect that you may have been stopped illegally by police, get the help of Mark R. De Yoe. Contact our firm to schedule a free consultation!