Unlawful Police Stop Leading to Arrest
An unlawful police stop will sometimes result in a DUI arrest and charges filed in court. If this has happened to you, our Los Angeles DUI lawyers will defend the violation of your constitutional rights. When demonstrated in court, an unlawful stop may result in your case being dismissed or your charges dropped. The LA drunk driving attorney must prove that the traffic stop was unreasonable, in violation of prevailing statutes and case law.
Anytime police officers pull you over, they must have reasonable cause to believe you are committing some sort of crime. When you are stopped for driving under the influence, the officer must have first observed some type of behavior that would cause one to reasonably suspect the driver was under the influence of alcohol or drugs. This behavior may include:
- Driving recklessly
- Driving too slow
- Ignoring traffic laws
- Taking a corner too quickly
- Ignoring a stop sign or traffic light
- Weaving repeatedly within your lane or between lanes
- Driving without your headlights off after dark
- Another vehicle code violation
This type of behavior provides "reasonable cause" for an officer to pull you over. Oftentimes, officers may not have reasonable cause to stop you, rather they stop you on the chance you have been drinking - which is unconstitutional and violates your rights. These stops may occur at specific times, especially on holidays or after 2 a.m., when most bars and clubs throughout Los Angeles close. Also, officers may "cherry-pick," or patrol, areas surrounding bars and clubs at closing time, selectively stopping cars without sufficient legal cause.
If there is a substantial issue regarding your stop, our DUI defense specialists will file and litigate a Motion pursuant to Penal Code Section 1538.5 - in order to contest the validity of the traffic stop which led to your arrest. If we demonstrate to the court that the stop was unconstitutional, the case will most likely be dismissed.
Los Angeles DUI Attorneys
Kestenbaum, Eisner & Gorin, LLP have litigated thousands of drunk driving cases in all Los Angeles County, California courtrooms. We know what we need to demonstrate to the court that the police stop was unlawful. We will aggressively defend your case in court and help ensure the unlawful stop that led to your DUI arrest is contested, to get your charges reduced, or your case dismissed.