One of the common sayings in the American legal system is
ignorantia juris non excusat, which means that ignorance of the law is no excuse. In other words, anyone
facing criminal charges is responsible for their actions, even if they
do not know the law exists or how it applies in their scenario.
For example, with driving under the influence, if you didn’t know
that you could be arrested for
DUI if your
blood alcohol concentration (BAC) is less than the .08% legal limit, it doesn’t matter to the
police whether you knew about the law or not.
VC Section 23152(a), you can still be arrested for DUI so long as the police believe that you
are impaired by alcohol or drugs. If you didn’t know that, unfortunately
you can’t use it as a defense. The intent of this law is to prevent
people from being excused from a criminal charge simply because they were
unaware of a law.
Laws Need to Be Known to the General Public
Laws need to be made known to the general public. It is assumed that laws
made public are known by all, but laws that are secretly passed and unknowingly
enforced cannot be used to hold the accused accountable.
This means that if it cannot be proved that the law was common knowledge,
the accused cannot be charged with the crime. In some cases, if an individual
is unaware that they committed a crime or the risks associated with their
actions, they be excused of charges.
However, in DUI cases, intent doesn't usually apply, as you are made
aware of these laws when you obtain your driver's license.
How does this apply to law enforcement?
Ignorance of the law is also meant to stop police from using illegal tactics,
methods, and force in the arrest of a citizen. Additionally, the use of
DUI checkpoints to stop and question citizens that have not demonstrated any guilty behavior
can also be questioned as a violation of their rights. However, California
currently allows for these checkpoints.
Wondering if law enforcement used illegal arrest tactics in your DUI arrest?
Contact The Law Offices of Virginia L. Landry to discover if your rights were violated.