Learn Whether the Police Are Permitted to Pull you Over For No Reason and Arrest you for a DUI Under California Vehicle Code 23152?
Of course, the answer to this question is no and I do have a lot of people who call me and say, the police pulled me over. They had no reason to pull me over.
I wasn't drunk, and yet, they arrested me for a DUI. How is that possible? How can they do that? What do I do? Don't I have rights?
These are all very important questions and that's why you get an attorney right from the beginning.
Let somebody like me who's handled thousands of DUIs in the past 26 years go to work for you.
I can make sure that you're being treated fairly, make sure that the pullover was lawful. The answer to the question is very simple. Absolutely, the police can pull you over if they want to because they have the authority to do so.
Unlawful Police Pullover
That being said, if they're pulling you over for no lawful reason, in other words, they can't see that you're committing any type of offense. This is whether it be a traffic related offense or a crime and you or your attorney can prove that it was an unlawful pullover.
At this point, then anything they get from that pullover will be suppressed and won't be able to be used against you. That includes:
- if you smelled like alcohol,
- your blood test or your breath test.
- the results from the field sobriety tests,
- any questions that you answer won't be able to be used against you.
So, basically, they'll lose everything if there was an unlawful pullover.
That's why, if there's any question about the legality of the pullover, we're going to try to get what we can to try to prove that it was an illegal pullover.
For example, we'll try to get the dashcam from the police vehicle that pulled you over to see if we are able to see if there's any video of the pullover and any video of what they're claiming that you did wrong.
Police Officers Know How DUI Lawyers Will Challenge the Case
Because bet your bottom dollar, the police know that one of the first lines of attack a DUI defense attorney is going to do is say that it wasn't a legal pullover, so they know they have to try to justify the pullover. So, they're going to say that:
- you were swerving,
- you were going too fast,
- you cut somebody of,
- you committed a traffic violation.
They have a whole host of different reasons they can hit you with in order to justify that DUI stop.
So, the video is always the best, because if we've got the video of their encounter with you from the start to the end, that's going to be dispositive of the matter.
In other words, that's going to be the answer to whether or not you were unlawfully pulled over and whether or not you could have been arrested. But a lot of times we don't have the video for various reasons.
Maybe the police vehicle isn't equipped with a video. Maybe they don't turn it on until after the pullover which I think is ridiculous.
If you're going to be pulling people over, you should have your dashcam on the whole time so we can see and justify why they pulled that person over.
Filing a Motion To Exclude DUI Evidence
So, the answer to the question is no, they're not allowed to pull you over for any reason. You certainly are entitled to file a motion if a criminal case is filed against you saying it was an illegal pullover.
Therefore, anything they found, including your breath or blood result, can't be used against you, and if you're successful through your attorney, obviously, then the case will be dismissed against you.
Unfortunately, the police lie a lot. They give information that's not true and sometimes they can't be back-checked on it.
Sometimes there is no video. Sometimes there are no witnesses.
So, it's going to be your word against their word and if you're extremely drunk, your credibility starts to get eaten into by that fact.
If you're driving poorly, you're obviously the one in trouble so you're going to want to say things that help you.
How out Law Firm Can Help You
So, it's crucial that you get somebody like me to defend you so that we can really have the best chance of attacking the pullover if that's where you believe there are issues
related to your DUI arrest.
So, I'm available. Pick up the phone. Take the first step immediately to get this thing behind you.
It's scary having a DUI arrest. It's scary having a DUI conviction and potentially going to jail.
So, if you feel that you were illegally pulled over and illegally arrested by the police and you need help, pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help.
Hedding Law Firm is a top-ranked criminal defense law firm located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436.
Contact our office for a free case evaluation at (213) 542-0963.