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
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
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
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
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!