Legal Question in Criminal Law in California

I was stopped and detained for a DUI, (.045), I had a supended license california. The officer stated that I was driving irratic, as if I was under the influence. I was not, and feel that I was stopped because of being African American, in a pre-dominantly Caucasian city. What are my obtions?


Asked on 6/03/12, 11:16 am

5 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

If you are charged criminally with driving on a suspended license you should get an attorney. The attorney can file a motion to suppress the evidence on Fourth Amendment grounds. You may also have civil remedies but you are going to have trouble finding a lawyer for that.

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Answered on 6/03/12, 11:33 am
Joe Dane Law Office of Joe Dane

During on a suspended license is a misdemeanor and carries two points on your DMV record. It can also potentially carry jail time, probation and large fines.

You can challenge the initial stop in a motion to suppress evidence if warranted by the fact of the case. Many agencies also have dash cams that may have captured the entire stop - potentially showin that the reason for the stop was made up.

Bottom line? You'll need an attorney - either one you choose and hire or A public defender if you qualify for one.

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Answered on 6/03/12, 9:08 pm
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

As the others before me have stated, you may have grounds for a Motion to Suppress, but if in fact they state in the police report that you were driving erratically, then there may in fact be probable cause for the stop. This will be the key to the analysis. A civil suit will probably be difficult unless there is substantial proof that you were stopped for no apparent reason.

BARRY BESSER

www.besserlaw.com

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Answered on 6/04/12, 10:48 am
Terry A. Nelson Nelson & Lawless

Your 'option' [singular] is to fight the charges, just like every other criminal defendant. Playing the DWB race card will get you only derisive laughter unless you have actual evidence of actual racial bias in that specific incident corroborated by witnesses. You had more than 1/2 the legal max alcohol in your blood, easily explaining the erratic driving observed. And, you word doesn't count in court about how 'good' you were driving. The officer's does.

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Answered on 6/04/12, 3:49 pm


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