Legal Question in DUI Law in California

Probable Cause for stop

I was outside my car on the porch of my house when a police car pulled up with his lights on. He stated he had followed my car and said he thought a brake light was out. I demonstrated to him that the brake lights did indeed work and then he asked for my liscense and registration and asked me if I had anything to drink as he said he smelled alcohol. I was eventually arrested for DUI. 2 questions, was there probable cause for a stop and if so what are my chances of excersising a defense around ''not operating the vehicle'' at the time of the officer arrived at my house?


Asked on 8/01/07, 3:56 am

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Probable Cause for stop

Well, there was reasonable cause for the stop because he thought your tail light was out. Once he spoke with you and discovered that you might have violated the law (i.e., driving under the influence), then he could conduct a field sobriety test if he had reasonable suspicion to believe that you were DUI.

However, you should consult with a DUI attorney. There might be more facts that you aren't sharing here that would justify fighting this.

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Answered on 8/09/07, 9:44 pm


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