Legal Question in Constitutional Law in California

dui

i am driving on city street, i see 4 cop cars parked along the curb, near the intersection. as i pass the first car a officer pops onto the street from between the 2nd. and third car.it is night and the officers uniforms ar navy blue.

i nearly avoided hotting the officer,by swerving around her.

from the swerve to the stoplight is 60 ft. after the light turns green i proceed, after just clearing the intersection she is comming lights and sirens! my concern is how much of my driving did she see,

what did i do to be pulled over?

WOULD ALL BE DROPPED if it is a illegal stop?

did this officer have a legal right to stop me?


Asked on 4/03/07, 4:09 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: dui

If you seemed to be impaired the officer was justified in stopping you. The information you have provided does not tell me whether you seemed impaired or not. It's also possible that she pulled you over for an entirely different reason (expired registration, for example).

If she had no articulable reason for stopping you then the stop was an unreasonable seizure and the evidence obtained as a result should be excluded. But if she had a valid reason -- even if that reason was unrelated to the DUI charges you now face -- the evidence will be admissible.

Your lawyer will know how to make the appropriate motion. If you don't have a alwyer, get one. This is not something you should attempt on your own.

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Answered on 4/03/07, 1:51 pm


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