Legal Question in DUI Law in California

Did he have probable cause to pull me over?

I was pulled over and was arrested for a D.U.I. The arresting officer told me he pulled me over because he thought that I didn't have my headlights on and that I was leaning to the right side of the road. It was at 12:30 Am and I did have my lights on, and I had my friend directly behind me who said that I was driving fine. I am only 18 and he gave a me a field sobriety test and a PAS. I was completely aware and able to drive, hold an intricuit conversation with the officer and complete all the Tests. Unfortunately I mesured .11 on the PAS. I then was taken to jail and was given a Breath Test. This mesured at .09. Although I was fine, the tests showed that I should have been drop dead drunk for my age.

My question is, did the officer have probable cause to pull me over and is there any way I can fight a case like this in court?

Thank you very much un advance.


Asked on 3/06/01, 11:59 pm

3 Answers from Attorneys
Lawrence Taylor Law Offices of Lawrence Taylor, Inc.

Re: Did he have probable cause to pull me over?

If the officer is believed, he had probable cause to stop you. At that point, if he detected indications of possible intoxication, he could ask you to take a PAS test, field sobriety tests, etc.

The question is, of course, is the officer credible? You have your own testimony and that of a friend behind you; the judge/jury will decide who is more believable. Yes, you can fight this case in court, but I would strongly advise you get an attorney who specializes in DUI defense. Be aware that as a driver under 21, special rules apply. And the license suspensio is a separate matter, handled in unrelated DMV proceedings.

For a much more extensive treatment of DUI issues, you may wish to visit our 6-attorney DUI law firm's website: http://www.DUIcentral.com. Another good informational site is at: http://www.california-drunkdriving.org . And please feel free to contact us if you wish to set up a free consultation.

Sincerely,

Lawrence Taylor

Practice limited to DUI defense

Southern California

http://www.DUIcentral.com

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Answered on 5/12/01, 5:47 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Did he have probable cause to pull me over?

The police officer must be able to articulate facts which show probable cause to believe that a crime has be committed in his/her presence. It is common for police officers to testify that thay saw some sort of illegal driving to justify the stop.

In your case the officer is apparently stating that he thought your headlights were off and that you were too close to the right side of the roadway, or something of that nature. The court will evaluate not only his statement, but the circumstances surrounding the observations. How long did he follow you; where was he located when he first observed your car; etc.

You need to discuss the facts with an attorney. Then your defenses can be fully addressed.

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Answered on 5/11/01, 2:28 pm
Barry Sands Barry Gerald Sands- Criminal Defense Lawyer, Inc.

Re: Did he have probable cause to pull me over?

SIR: U HAVE A VERY TRYABLE LAWSUIT..THE CASE NEEDS TO B PREPARED..WITNESS STATEMENT AND EXPRET OPINION AS TO THE MACHINES AND PC 2 STOP..CALL OR E-MAIL ME..WHEN AND WHERE IS YOUR [email protected]

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Answered on 5/11/01, 6:52 am


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