It is against the law for a police officer to pull over a car on the road if they do not have reasonable suspicion to believe the driver is breaking the law. Learn what constitutes a lawful police stop, and how to fight an unlawful one.
Why Did I Get Pulled Over?
In order for a police stop to be considered lawful, the officer must have observed some kind of traffic violation, including the following behaviors:
Speeding
Reckless driving
Swerving
Driving too fast or too slow
Disobeying traffic lights and signs
Weaving between lanes
Failing to turn on headlights after dark
According to California Penal Code Section 836, a police officer must have probable cause to believe that the person to be arrested has committed a public offense in the officer’s presence, or that the person arrested committed a felony not in the officer’s presence. If a police officer does not have good reason to believe you are breaking the law, but stopped or arrested you anyway, it’s considered a violation of your constitutional rights and your case could be dismissed as a result.
How to Fight an Unlawful Police Stop
At the Law Offices of Virginia L. Landry, we can issue subpoenas and request 911 calls, video, and audio tapes to challenge the arresting officer’s opinions of the case. In order for your case to be successful, it will have to be proven that your stop was unwarranted and the officer violated your rights by pulling you over.
If you were pulled over unlawfully and are now facing a DUI charge as a result, contact a qualified criminal defense attorney immediately.
We can offer you serious representation following an unlawful police stop in Orange County. Contact the Law Offices of Virginia L. Landry at (949) 694-8804 for a consultation with our experienced team today.