Small Details Can Impact a DUI Case

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Small Details Can Impact a DUI Case

It’s a common misconception that law enforcement officers don't have to follow the law if they are in pursuit of someone who has committed a crime. While this may apply to rogue officers who don’t abide by the rules, it doesn’t mean it’s encouraged or allowed.

Even when someone is suspected of driving under the influence, a police officer must follow the rules of the road, probable cause, and enforcement protocol when they seek an arrest. But the question is, how does this impact your DUI case?

Under the California court system, everyone suspected of a crime is innocent until proven guilty and law enforcement must give everyone the rights afforded to them by the Constitution when making an arrest, and you are no exception!

Why Small Details Play a Big Role

A case in Illinois from a few years back highlights the importance of the law and how it can be used to your advantage if you have been arrested for DUI. A driver was pulled over by a police officer after allegedly blowing through a red light. The officer pulled over the driver and suspected the driver of driving under the influence. Due to the driver’s previous DUI convictions, they were charged with felony DUI.

When the details of the case were carefully examined by attorneys, it was revealed that the officer installed a dash-cam on their vehicle. The footage showed the allegedly impaired driver's car going through a yellow light, not a red light.

Under the law, the only way that law enforcement can pull a car over for a suspected DUI is if they have reasonable suspicion to believe that a traffic violation has occurred.

Since the driver had driven through a yellow light, which is perfectly legal, the officer had no valid reason for the traffic stop. As a result, all evidence suggesting the driver was intoxicated was suppressed and the judge dismissed the case; case closed.

Was your police stop lawful?

When law enforcement pulls over a car without reasonable suspicion, they are breaking the law, thus making any traffic stop and any evidence found as a result inadmissible in court.

If you have been arrested for driving under the influence, don't leave the case up to chance! A DUI defense lawyer will know the laws and can carefully examine your case to find the supportive piece of evidence you need to turn your charges around.

Contact our Orange County DUI firm to speak with a Board Certified DUI defense specialist for free!

Categories: DUI, DUI Advice
  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

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