Legal Question in DUI Law in California

I was recently leaving a bar in Wheatland, CA (Yuba County) as I was pulling away i noticed parked down the street looking straight at the bar was a Wheatland City cop car. I turned left on highway 65 in front of the cop car and proceeded to leave town heading south. As I was out of the city limits I noticed another Wheatland City cop car parked on State street pointed south, the car was stragetically placed off the road so that if you are heading south you would barely see it. The speed limit at the intersection of State street and Highway 65 is 45. As i passed the intersection and was heading south I noticed the cars head lights start moving. About a quarter mile down the road from the intersection is a sign posted 55 mph. I increased my speed to around 57 and about 1/8 of mile past the posted 55 mph sign I was in Placer county. I saw headlights behind me starting to come at me at a high rate of speed but I maintained my speed of 57 mph, after about a mile later I looked in my rearview mirror that the headlights approaching and as soon as the car was on my bumper the officer hit the lights and pulled me over. He then said that he was following me for the last 1/4 mile and we were doing 69 mph. He gave me a backwards dui tests and then placed me under arrest and took me back to Yuba county and placed me in there jail. His report states that he was driving southbound 65 and state street and he observed a vehicle in front of him doing 65 to 75 in a 55 zone. That he caught up with me at Bear River Bridge (Placer County) followed me to Wheatland Road (Placer County) in which he states he speedometer said we was doing 69 and he pulled me over. So now I am being charged with a DUI in Yuba County, yet there is no evidence that I was speeding in Yuba County and that all alleged evidence against me is in Placer County. Now I understand that an officer can pull someone over in a different county, but isn't this a wrongful arrest since I was in Placer County, all alleged crime took place in Placer County. Yet no Placer County Sheriff was notified, neither was Yuba County Sheriff, there were 3 Wheatland City Police officers there and that was it. Shouldn't I have been arrested by Placer County Sheriffs or Highway Patrol and taken to Placer County since the alleged crime took place in Placer County?


Asked on 2/16/11, 11:16 am

1 Answer from Attorneys

Paul Burglin Burglin Law Offices

So long as he had probable cause to believe you had been driving under the influence in Yuba County then you can be lawfully booked and prosecuted in that county for the DUI.

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Answered on 2/17/11, 1:26 pm


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