Legal Question in DUI Law in California

Probable cause

Prior to being stopped by a sheriff, does there have to be probable cause? Is seeing a person exiting a bar enough? What if there were no traffic violations? Is this something that would help a case?


Asked on 3/25/00, 10:25 pm

2 Answers from Attorneys

Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Probable cause

Hello,

I am sorry to hear about your arrest for DUI. The police do need probable cause to pull you over. Simply exiting a bar is not enough. There are many things we can do to help you, you must act quickly. You only have ten days from your arrest to request a hearing to stop your automatic license suspension. Our firm specializes in DUI defense. Call us immediately for a free consultation. Each of our partners is a former District Attorney. We have 12 offices in Southern California and our fees are reasonable. Our 24-hour telephone number is 1-800-327-4652 and you can visit us on the web at http://www.lawyers.com/criminallaw

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Answered on 3/28/00, 3:44 pm
Lawrence Taylor Law Offices of Lawrence Taylor, Inc.

Re: Probable cause

Yes, there must be probable cause -- that is, some activity that would lead a resonable officer to believe that a criminal offense has been committed.

No, merely exiting a bar is not sufficient; there is nothing potentially criminal about this. However, practically speaking, it is a common practice, often referred to as "cherry picking" or "staking out", and is commonly done outside of bars particularly between 12:00 and 2:00am -- though cops will never admit it.

Yes, if you can prove this type of conduct, you can get the case dismissed since everything that follows from an illegal stop is inadmissible evidence.

You may find answers to more of your questions on our DUI law firm's website, generally considered the best for drunk driving law on the internet: http://www.DUIcenter.com

You have our best wishes in fighting this matter.....

Lawrence Taylor

Practice limited to DUI defense

Long Beach - Irvine - Riverside

Beverly Hills - Carlsbad

(562) 989-4774

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Answered on 3/28/00, 9:39 pm


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