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UNLAWFUL DETENTIONS

 

 

 

 

 

 

Reasonable Suspicion To Detain

 

The United States Constitution provides us with the right to be free from unreasonable searches and seizures by the government.  This means law enforcement may not detain you or prevent you from walking or driving away unless they have a reasonable suspicion that a crime has occurred or is currently happening.  For most DUI arrests a CHP officer or police officer pulls over a car because they first observe a traffic violation.  If an officer pulled you over without a valid or lawful reason an experienced and serious DUI attorney will try to get your case dismissed.

 

Officer Did Not Observe You Drive

 

If you were arrested but you were not driving you may also be able to challenge the officer’s conclusion to arrest you for a DUI.  For example, if you were involved in a collision or if you pulling over your car to “sleep it off” you may have drawn the attention of a CHP or police officer to contact you.  These situations should be reviewed by a DUI lawyer to determine if you were lawfully arrested.  A successful challenge to an unlawful arrest  may also prohibit a prosecutor from using  any other portions of the DUI investigation that resulted from the officer’s initial contact.  In other words your case could have illegal evidence obtained by the government that can not be used against you!  This would include the suppression of the Officer’s conclusions about your sobriety derived from your participation in field sobriety tests and any breath or blood test results.

 

Unlawful Detentions Can Be Challenged

 

At the Law Office of Barry T. Simons, our experienced staff and attorneys can obtain any video tapes of your detention and investigation and review your case to determine if you were unlawfully detained.  Every Vehicle Code violation has very specific elements that must be proven to justify a vehicle stop.  Our attorneys have successfully challenged these cases at the DMV and in court.  The results of these successful challenges have overturned  DMV driving suspensions, reduced DUI charges to lesser offenses, and in some cases the prosecutor has dismissed the charges altogether.  In order to determine if your case could lead to a dismissal or avoid DMV suspension call the Law office of Barry T. Simons.

 

 COMMON TRAFFIC CODE VIOLATIONS FOR DUI INVESTIGATION:

 

CVC 24250                             DRIVING WITHOUT HEADLIGHTS ON

CVC22409(a)                        HIGH BEAM VIOLATION

CVC 22350                            UNSAFE SPEED

CVC22499(a)                        DRIVING TOO SLOW

CVC 22349                            SPEEDING ON A HIGHWAY

CVC 22450                            FAILURE TO STOP AT A STOP SIGN

CVC21950                             FAILURE TO YIELD TO PEDESTRIAN

CVC 21453                            VIOLATING A TRAFFIC LIGHT

CVC 21658                            WEAVING/LANE STRADDLING

CVC 22107                            UNSAFE LANE CHANGE

CVC 22103                            IMPROPER TURN

CVC 21651(B)                       DRIVING IN OPPOSING LANES

CVC 21461                             VIOLATING TRAFFIC SIGN

CVC 21703                             FOLLOWING TOO CLOSELY

CVC 5200(a)                        MISSING FRONT LICENSE PLATE

CVC4000(a)(1)                    EXPIRED REGISTRATION

CVC24600                            DEFECTIVE TAILLAMPS

CVC26708                            TINTED WINDOWS

CVC26708(a)(2)                 OBSTRUCTED VIEW

CVC26710                            CRACKED WINDOW

CVC27315                            SEAT BELT VIOLATION

 

Tipsters and 911 Calls

 Everyone has cell phones and many people use them to call 911 to report what they believe to be erratic drivers.  More often than not, these calls relate to cell phone use but, often lead to DUI investigation.  It seems reasonable for a police officer to respond to such a call and focus their attention on a vehicle that has been reported by a citizen.  But is it reasonable if an officer follows a reported erratic driver and doesn’t observe anything unusual about the driving?  This can be a troubling issue since the United States Supreme Court’s decision in Navarette v. California.  If you were pulled over because of an anonymous tipster you need a qualified DUI lawyer to evaluate the totality of the circumstances surrounding your detention.

 

 

CALL THE LAW OFFICE OF BARRY T. SIMONS AT 949-497-1729 FOR AN ATTORNEY TO REVIEW YOUR CASE

 

 

Board Certified In DUI Defense NCDD (1 of 6 In California)

Specialist Member/Board of Directors CDLA

Selected Only OC DUI Super Lawyer 2014-2017

OC Metro Top DUI Attorney

Rated Preeminent By Bar Register

AVVO 10 Top DUI Lawyer

Selected Only OC DUI Super Lawyer 2014-2017

Rated Preeminent By Bar Register

OC Metro Top DUI Attorney

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.

By Barry T. Simons: “It is my honor and privilege to fight for my clients; challenge unjust laws; protect our Constitution and to be a thorn on the side of injustice”.