Can a Sheriff pull me over on the freeway? 4 Answers as of July 20, 2010

Can a Sheriff pull me over on a California freeway? Is it his jurisdiction? The officer pulled me over because he said he received a call from another driver on the road. I was given a breathalyzer 3 times. I was not able to see the readings the first 2 times and it felt like they kept me blowing until they got the result they wanted. I really can't afford to lose my license over this.

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Any law officer can pull you over for a DUI no matter if you are on the freeway, city street, or county road. There are many defenses to a DUI and each on depends on the detailed facts of the case. Feel free to contact me for an appointment.
Answer Applies to: California
Replied: 7/20/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Any sworn officer, of any agency, can stop and arrest anyone, in any jurisdiction; that is their job. Professional courtesy and agency policy keeps them from doing it regularly out of their jurisdiction, along with the problems of having to return to the out of area court to participate in the criminal proceedings. Think about it; if an officer saw a murderer fleeing, would he hesitate to stop him out of his jurisdiction? No. You committed a lesser crime is all.

As to the DUI you indicate getting:

Upon release from jail or booking, you’ll be given documents that include a notice from DMV that you have only ten days to file a request with the DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact the DMV and do so, timely. You can hire an attorney for that hearing if you want.

You also were provided a notice of court appearance for Arraignment. You may go to that hearing and plead not guilty. If so, you’ll be provided a copy of all the police reports and charging Complaint. There you’ll have to set a date for Pre-Trial hearing where negotiations with the DA are first conducted. If the case is not plea bargained, it will be set for Trial. Prior to that, you’ll file any appropriate Motions. Unless you know how to effectively represent yourself in all this, hire an attorney who does. The conventional wisdom is that the attorney will be able to get you a better deal than you could on your own, or effectively try the case if forced to that. That is what you are paying for. Your attorney will be able to use whatever legal issues, facts, evidence, witnesses, you may have in your defense.

If serious about hiring counsel, and if this case is in Southern California courts, feel free to contact me.
Answer Applies to: California
Replied: 7/15/2010
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Can a deputy sheriff pull you over on the freeway? Yes. They have peace officer status anywhere in the state. The freeway isn't solely the CHP's jurisdiction.

They don't necessarily have to show you the result of the breathalyzer and may have repeated it to get two results that were in agreement. If this is the case, it's worth it to have an attorney review your case. There may be calibration or procedural errors, invalidating the results of the test.

Regarding the reason for the stop: a purely anonymous tip, there may not be sufficient evidence to justify a stop unless they corroborated the information (i.e. Saw "bad driving" themselves). If the original stop was invalid, ALL evidence is subject to being suppressed and excluded from court.

Keep in mind that you also have only 10 days from the date of your arrest to challenge the DMV's license suspension.
Answer Applies to: California
Replied: 7/15/2010
Hale Law Group
Hale Law Group | Joshua D. Hale
The sheriff can pull you over. The question of whether you will lose your license has more to do with if you were drinking and driving under the influence of alcohol. If you would like to discuss this further, please contact me directly.

I handle these matters throughout California, and can likely help you as well.
Answer Applies to: California
Replied: 7/15/2010
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