QUESTION
Is there a way to prove it and do I have a case against illegal traffic stop?
Asked on Jun 18th, 2013 on DUI/DWI - California
More details to this question:
At about 12:30am, I pulled in my drive way after driving a short distance (less than 2 miles) from friend’s house where we had a BBQ and some beer. I got out of my car and started walking toward my front door and I hear a "how’s it going tonight". I thought it was a neighbor so I continued walking, then my arm was grabbed. It was a police officer! I was shocked. My brother and sister saw this and came outside to see what was going on as I’m being grabbed. The officer said "I can smell alcohol". I asked why did you stop me, he said "you didn’t use a turn signal back there" (when I’m sure I did and they didn’t turn on their red & blue lights at any time to pull me over they just followed me home). After that I was arrested for DUI. I got a traffic citation in the mail about 2 days later for the DUI and nothing else, on the citation in the time/place section it has the highway box checked when this happened on private property and in the at or near location it has the off streets named but not the street I live or the address where this happened. I didn’t leave my property from the time I parked to the arrest. I was never asked for my insurance or registration. I have requested a DMV hearing. I do not believe I was stopped with reasonable cause.
6 ANSWERS
Michael J. Breczinski
Well if he saw you driving and had probable cause to stop you then it was a valid stop. That is why you need a hearing.
Answered on Jun 20th, 2013 at 9:06 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You should contact a local DUI lawyer, they have the expertise to help you determine whether there was reasonable suspicion to make the stop and probable cause to make the arrest. Failure to use a turn signal, whether you did or didn't is another matter, must affect some other vehicle (not the police car) so you may very well be able to win your case based on an illegal traffic stop. Again, a DUI attorney can help you. e.
Answered on Jun 20th, 2013 at 9:06 AM
You need to hire a DUI specialist to file a 1538.5 motion challenging the stop.
Answered on Jun 19th, 2013 at 5:00 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You should get an attorney to represent you in the drivers license case. You should also get an attorney to represent you in the DWI case and get a look at the evidence the prosecutor has in the case.
Answered on Jun 19th, 2013 at 12:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Call for an appointment with all of the details. You might have a viable defense and this is a very serious charge.
Answered on Jun 19th, 2013 at 10:40 AM
It seems that the stop was unlawful. Given that you have witnesses to the police contact and detention, then you could have an attorney run a suppression motion. This motion argues that the stop was unlawful because it was baseless therefore your fourth amendment right to be free from unreasonable searches and seizures has been violated. If the court agrees with you, any tangible or intangible evidence related to the DUI will be suppressed.
Answered on Jun 19th, 2013 at 10:28 AM