Common Policing Errors for DUI Stop
If you have been arrested in San Diego or other parts of southern California on DUI charges, the experienced DUI defense attorneys at Ross Law Center can greatly improve the chances of a favorable outcome to your case. Many assume that all DUI cases are hopeless and give up without a fight, but in reality, talking to a skilled DUI lawyer is the very first thing you should do after your DUI citation.
At Ross Law Center, we have a proven track record of success in DUI cases. Our lawyers are highly knowledgeable in California DUI law and have extensive experience at building a strong case and a solid defense.
Our DUI lawyers will review your case thoroughly, questioning the validity of all that the police report asserts as fact. We will probe for possible test errors and policing errors that could lead to your DUI charges being reduced or dismissed.
Some of the most common policing errors that occur in the process of giving out DUI citations include the following:
- Stopping a Motorist Without Probable Cause
California Penal Code Section 836a requires that officers have “sufficient probable cause” before making a traffic stop. If you are stopped without this criterion being met, the officer illegally stopped your vehicle, and the case could be dismissed.
- The Miranda Rights Were Not Read to You
According to the U.S. Constitution, as interpreted by the Supreme Court, a law enforcement officer must first read you your “Miranda Rights” before placing you under arrest. This includes informing you of your right to remain silent, of your right to hire an attorney, and of your right to a public defender if you can’t afford an attorney. When police make an arrest without reading the Miranda Rights, all information you divulged to them prior to the arrest can become inadmissible as evidence against you.
- False Interpretations of Field Sobriety Tests
Before making the arrest, the officer will first put you through an examination of your balance, coordination, and motor skills, which are collectively known as a “Field Sobriety Test.” It is the judgment of the officer administering the test that is relied on to determine if you pass or fail it, and if a mistake was made here, you were wrongly arrested. Poor coordination, for example, can occur for other reasons than being intoxicated. Dim lighting, a slippery walking surface, a preexisting medical condition, or poorly given instructions from the officer can all detract from coordination. A good DUI lawyer will scrutinize the police narrative and bring in additional evidence to question the officer’s interpretation of the FST.
At Ross Law Center, we have a team of well seasoned DUI defense attorneys who know how to challenge the evidence your DUI allegation is based on. We have successfully reduced or dismissed numerous DUI charges in San Diego and surrounding areas, and we can assist you with your DUI as well. Contact us today at 858-805-5772 for a free legal consultation and immediate attention to your case.