What if the officer had no reason to pull you over? 14 Answers as of November 04, 2010

I was driving on a main street which was close to a row of local bars and I thought I was sober enough to drive. I had given absolutely no sign of impaired driving but an officer pulled me over and asked me to take a sobriety test and a breathalyzer. I had a BAC of .08 and was charged with a DUI. However he had no reason at all to pull me over and I was driving fine. Do I still have to submit to the DUI charges?

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Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
A police officer must have a reasonable suspicion that you have violated some law to stop you.
Answer Applies to: California
Replied: 11/4/2010
Law Office of William M. Concidine
Law Office of William M. Concidine | William Concidine
You can challenge the basis for the stop at a suppression hearing. If the judge finds there was not cause for the stop, the evidence against you should suppressed meaning the prosecution would not be able to use it against you. If there was no reason for the stop, then have your attorney conduct a suppression hearing. If you have not seen the police reports yet, the officer may state a reason in the reports that he did not mention to you swerving, crossing lines,one of your lights out, etc.
Answer Applies to: California
Replied: 11/4/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
No. You have a right to put on a Motion To Suppress. The D.A. has to prove there was Probable Cause to detain you. But I must caution you that many times Police will lie about it.
Also, there is a good chance the D.A. will be willing to reduce the charge as a part of a plea bargain.
Answer Applies to: California
Replied: 11/4/2010
Steven Mandell
Steven Mandell | Law Offices of Steven Mandell
Yes you do have to submit to the jurisdiction of the court, but you have the right to defend yourself, and that includes challenging the initial stop by the cop. You will need a criminal lawyer experienced in DUI matters to help you here. If you can afford a lawyer, talk to one or two. Most criminal lawyers give free consultations. If you would like to talk to me about this case, please don't hesitate to call.
Answer Applies to: California
Replied: 11/4/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
It is his opinion, not your impaired one at the time, that counts when determining why and when to pull you over. His report will thoroughly describe your erratic driving and failure of the FST, backed up by the BA test level. I have no doubt your version of the facts will be different from his.

Submit? Other than running and hiding, fleeing prosecution, I do not know what you think you can do to not submit.

What can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it cant be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you do not know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me. I will be happy to help you use whatever defenses you may have.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you were given documents that included a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you do not know how to do these things, then hire an attorney that does.
Answer Applies to: California
Replied: 11/4/2010
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    That is your version. He will have some reason to have pulled you over which will be in the police report. Whether it is true or not is another story which will have to be litigated by your attorney in both the DMV and the Court. If the stop is illegal you might be able to get the case dismissed but you will need a good attorney to handle for you.
    Answer Applies to: California
    Replied: 11/4/2010
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    First, they must have "reasonable suspicion" of criminal activity to pull you over. That is usually any violation (no matter how petty) of the vehicle code. It could be an equipment violation, failure to use a turn signal, etc.

    From there, if they reasonably suspect you were under the influence (based on the objective symptoms of alcohol consumption), they can go further and request you to perform some field sobriety tests. What most people do not realize though is that those field sobriety tests are voluntary. It is only if you are lawfully arrested for driving under the influence that you must submit to a chemical test (breath or urine) to determine your blood alcohol content.

    At a 0.08%, you very well may be able to get these charges reduced and beat the DMV suspension of your license. It is definitely worth consulting with a criminal defense attorney to discuss the case.
    Answer Applies to: California
    Replied: 11/4/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Well, if there are charges against you, then you must appear in Court or face possible penalities for failure to appear, and have a bench warrant issued for you. If there is no probable cause (and it was not a properly run sobriety check point), then that is certainly a good starting point for defending the case.
    Answer Applies to: California
    Replied: 11/3/2010
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    Your first defense in the case would be that the officer did not have the right to pull you over. Your attorney should file a motion to suppress under the Fourth Amendment.
    Answer Applies to: California
    Replied: 11/3/2010
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    The officer must have reasonable suspicion that you violated some law, at least a traffic law, in order to pull you over. If he did not have a reason to stop you, you can file a motion to suppress evidence pursuant to Penal Code 1538.5. If it is granted, the evidence is kept out, the prosecution will likely have to dismiss the charges against you. You should immediately contact an attorney like me who specializes in DUI defense to determine what rights you have.
    Answer Applies to: California
    Replied: 11/3/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Yes, you must still submit to the DUI charges.
    Answer Applies to: California
    Replied: 11/3/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    The best thing for you to do is hire an attorney. Your attorney will be able to suppress any evidence if the stop was not lawful in both the criminal case and the DMV hearing. Make sure you schedule your DMV hearing within 10 days of the arrest. This is not something that you can take care of alone.
    Answer Applies to: California
    Replied: 11/3/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need a good DUI lawyer to help you file a 1538.5 motion.
    Answer Applies to: California
    Replied: 11/3/2010
    The English Law Firm
    The English Law Firm | Robert English
    I would imagine that he wrote some permissible reason to pull you over on his police report. However, you are entitled to make a suppression motion under Penal Cade 1538.5 regarding the validity of the stop. There is no guarantee that you will win your motion, but you do have the right to make it. I would recommend consultation with

    Experienced counsel. Call me if you are in Southern California.
    Answer Applies to: California
    Replied: 11/3/2010
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