Can you get pulled over if I didn't break any traffic violations? 16 Answers as of February 21, 2012
I was pulled over at 5:10 a.m., after being at a red light on December 25th. I had a vehicle behind me and the cop cut that vehicle off to pull me over. Once pulled over the cop asked me who I was racing. I was like no one. I never went more than 40-45 miles per hour. Then he asked if I had been drinking. I was like the last time I drank was one drink at around 11:45 p.m. Due to the fact that I was sick for a week and haven't slept or eaten but one time around 5:45 p.m., which was a sandwhich which went through my system.Free Case Evaluation by a Local Lawyer!
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Law Office of Hieu Vu | Hieu N Vu
Short answer is no. They can't pull you over for no reason. You will need counsel for your other issues. Good luck.
Answer Applies to: California
Replied: 2/13/2012
Law Office of Thomas F. Mueller | Thomas Mueller
Police need to have "probable cause" to legally pull you over. It looks like they may have mixed you up with someone else. That evidence could come out at a 1538.5 Hearing. Also one drink 6 hours before is not enough to constitute drunk driving. Sounds like time to hire a good lawyer.
Answer Applies to: California
Replied: 1/31/2012
LynchLaw | Michael Thomas Lynch
When an individual is pulled over they are detained. A detention can be legally taken if the Officer has reasonable suspicion that a crime has occurred or is about to occur. So, while an individual can be pulled over and detained, even if they have not actually committed any crime, the Officer must be able to articulate the facts which support his suspicions that a crime is afoot.
Answer Applies to: California
Replied: 1/30/2012
Attorney at Law | Dorinda Ohnstad
An officer has to have probable cause to pull you over. Sounds like the officer is likely to say that you were racing or driving recklessly, which is why he pulled you over. Discuss the matter with your lawyer and see if there is a basis to suppress any evidence gathered (field sobriety tests, breathalizer results, etc.)
Answer Applies to: California
Replied: 1/30/2012
Law Office of Peter F. Goldscheider | Peter Goldscheider
The cop apparently think you did. You need an experience criminal law specialist to bring a motion to suppress based on the possibly illegal detention.
Answer Applies to: California
Replied: 1/30/2012
McCallum & McCallum | Donald G. McCallum
Legally, no. In the real world, unfortunately, some officers disregard the law and stop drivers randomly, or worse because of color or other non legal reasons. you can try and fight your DUI or other ticket, but, unfortunately, the police report will probably show the officer had " probable cause " for stopping you.
Answer Applies to: California
Replied: 1/30/2012
Hammerschmidt Broughton Law | Mark A. Broughton
The answer to your question is no. You can be stopped for any traffic violation, including an equipment violation such as a license plate light out. But if the police suspect you are driving under the influence or are involved in some other criminal activity, they'll find some reason to stop you. They know the law, know that judges will always believe what they say (versus you), and know how to make a stop "legal." That's not to say we lawyers don't win motions to suppress for invalid detentions, we do. But the odds are against it.
Answer Applies to: California
Replied: 1/30/2012
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
This would be grounds to ask to get the case dismissed through a motion to the court.
Answer Applies to: California
Replied: 2/21/2012
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you look at the incident report that the officer wrote he did not pull you over without you committing a violation. In a perfect world the police are not allowed to stop anyone without probable cause. However, the police know that if they want to pull over a driver all they have to do is follow the car and sooner or later there will be a reason.
Answer Applies to: California
Replied: 1/28/2012
Law Office of Jeff Yeh | Jeff Yeh
You need a good attorney to file a 1538.5 motion for you. Your case ought to be dismissed because of an illegal stop.
Answer Applies to: California
Replied: 1/28/2012
Kennedy & Roe | Michael Kennedy
But you were not pulled over without breaking the law; you were pulled over for street racing, which is illegal. The fact that he said you were and you said you were not is what litigation is all about. Most cases boil down to "you were," "I was not," which is why we have courts and juries.
Answer Applies to: California
Replied: 1/28/2012
Law Offices of James A Bates | James A Bates
The cop must have reasonable cause to believe that there was a violation before pulling you over. If not, any evidence he gets or sees gets thrown out. If you were not cited for anything, don't worry about it. If you were cited or arrested, fight it. File a motion to suppress the evidence.
Answer Applies to: California
Replied: 1/27/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If cop does not have legitimate reason for detention, he may not detain.
Answer Applies to: California
Replied: 1/27/2012
Law Offices of Phil Hache | Phil Hache
The officer does need probable cause to pull you over. You said that you were going 40-45 mph. What was the speed limit on the street? Also, how fast did the officer claim you were going? There may be a potential motion to suppress, but you should speak to an attorney in more detail about your case. Also note that if the officer claims you were going 20+ miles per hour on a residential road, you may be looking at an enhancement charge that would require a mandatory 60 day jail sentence if convicted (on top of any penalty from a DUI conviction).
Answer Applies to: California
Replied: 1/27/2012
Law Office of Brian K. Wanerman | Brian K. Wanerman
In practical reality, the police can pull you over on almost any excuse. If they had no probable cause for the stop, however, you could move to suppress any evidence they obtained in any search of your car, your person, your passengers or any items in your car.
Answer Applies to: California
Replied: 1/27/2012
Law Office of Joe Dane | Joe Dane
You're asking two different questions. Can you be pulled over without a reason? No. They must have some sort of violation to pull you over. If they stopped you without a reason they can prove in court, any and all evidence seized after the fact can be suppressed. If you're asking about whether or not you can/will be charged with DUI, that depends on your blood alcohol level, field sobriety tests, etc. If you were arrested for DUI, you only have 10 days to contact the DMV and request a hearing or they'll suspend your license.
Answer Applies to: California
Replied: 1/27/2012
