Legal Question in DUI Law in California

I was recently arrested by the CHP for suspicion of DUI. While in custody by the C.H.P and being transported from my car to the local Sheriff station, they were driving 120 miles per hour for about 15 minutes while weaving through traffic without their lights around 2300 hrs. At two separate instances, they were only a car length from the back of other motorists . Is it legal for the C.H.P to operate in this fashion or could it be interpreted as some type of reckless endangerment or at the very least be a violation of some type of policy?


Asked on 2/15/12, 2:11 am

2 Answers from Attorneys

It seems a little unusual that the CHP would do this with a suspect in the car, but I doubt that this is going to help you. You are not going to have a civil claim because you were not injured; and it certainly is not a defense to a DUI. I am not familiar with the CHP policies, and perhaps this violates them. You may want to contact the CHP to see what you have to do to file a complaint. I am not sure where you were picked up, but I find it hard to believe the CHP would have to drive more than 30 miles to get you to the nearest police station in Southern California (i.e. 15 minutes going 120 mph), but I guess it is possible if you were in a remote area. You should worry about the DUI first, and filing the complaint second.

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Answered on 2/15/12, 9:11 am
Terry A. Nelson Nelson & Lawless

Unless you were injured in the scenario you described, their driving is irrelevant to your DUI case. Filing a 'complaint' can lead to nothing good for you. Have you ever heard of 'contempt of cop'? Focus on what is important: defending your case.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

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Answered on 2/15/12, 1:19 pm


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