A Police Officer Must Have a Legal Right to Pull You Over
Police officers cannot pull you over in your vehicle just because they feel like it. In order for you to be pulled over lawfully, the police must have reasonable cause. So, what exactly is reasonable cause and how does it apply when you are pulled over for a DUI?
What is Reasonable Cause?
It is unlawful for a police officer to pull you over based on a hunch that you committed a crime or based on your religion, nationality, skin color or other bias. A police officer can only lawfully pull you over if he or she has reasonable cause or suspicion that you committed a traffic offense or other crime.
It is important to note that “reasonable cause” is a lower standard than “probable cause.” Reasonable cause requires that the officer has an objectively reasonable presumption that you committed an illegal act. Probable cause is a logical belief that you committed an illegal act based on the facts and circumstances.
Reasonable Cause in a DUI Case
In order for you to be pulled over on suspicion of DUI, the officer must have reasonable cause that you committed an illegal act. This does not mean that the officer must have seen you consuming alcohol and then get into your vehicle. Reasonable cause could be established if you are swerving in and out of lanes, disobeying traffic signs or driving at a rate much slower than the speed limit.
What Happens if Police Did Not Have Reasonable Cause to Pull You Over? (PC 1538.5)
If you believe you were stopped by law enforcement without reasonable cause, you should contact our experienced DUI defense lawyers at Wallin & Klarich immediately. Our skilled lawyers will review the facts of your case to determine whether police had reasonable cause to pull you over. If our law firm believes that law enforcement did not have reasonable cause to pull you over, we may file a Motion to Suppress Evidence under California Penal Code Section 1538.5.
Filing a Motion to Suppress Evidence will place the burden on the prosecution to prove that the law enforcement officer who pulled you over had reasonable cause to do so. Your skilled DUI defense lawyer will attempt to establish doubt that reasonable cause existed to pull you over.
A successful Motion to Suppress Evidence under PC 1538.5 will likely result in all the evidence that was obtained after you were unlawfully stopped being considered impermissible in court. This would greatly improve your chances of obtaining a favorable outcome in your case.
Contact the Skilled DUI Defense Attorneys at Wallin & Klarich Today
If you believe you were pulled over without reasonable cause, you should speak to a skilled and knowledgeable DUI defense lawyer at Wallin & Klarich immediately. Our DUI attorneys have been successfully defending clients against DUI charges for more than 35 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich DUI attorney available near you no matter where you are located.
Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.