Legal Question in DUI Law in California

Re: DUI/Jaywalking

Thank you for your inquiry.

You may in fact have grounds to have your case thrown out, but many more details are needed to make that determination.

As others here have mentioned, there seems to be a lack of probable cause in your stop, which may entitle you to a suppression of evidence motion, which may throw out the case.

You didn't mention which court your case is out of, but I might recommend talking to as many attorneys that practice out of the court where your case is pending, and go with the attorney that you feel most comfortable.

I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to email me directly anytime at [email protected]. I�m happy to help in any way that I can.

Re: DUI/Jaywalking

from the facts given so far, you may be able to challenge the officer's reasonable suspicion to call you over in the first place. if they did not have reasonable suspicion then anything they charged you with after calling you over may perhaps be inadmissible against you. but i need more facts. email me more details and i can further assist you. [email protected]

Re: DUI/Jaywalking

SOUNDS LIKE YOU HAVE LOTS OF GOOD DEFENSES, BUT

let's talk about the facts. LARRY WOLF

310 277 1707

Re: DUI/Jaywalking

In order to stop you, an officer must be able to show a reasonable suspicion that you were involved in the commission of a crime. Often, the officers will simply say that they just asked to talk to you and you consented. This is how they get around having to show the suspicion. You say the officer "motioned" you over. What does that mean? Did he order you or did he just indicate that he wanted to talk to you? These are the kinds of things that must be determined. Suspicion cannot be a hunch. Officers must point to some specific fact that would indicate a possible crime was committed by you. Your facts are somewhat scant. You'll need to see the police report to learn what the officer used as his facts for suspicion. That is, of course, if he is not claiming you consented to talk to him. Contact a criminal defense attorney to discuss the whole situation.