A police officer needs reasonable suspicion of unlawful conduct to stop a motorist. The types of driving transgressions that result in an officer’s reasonable suspicion of a DUI violation vary greatly. There are several reasons for this variation: reasonable minds can disagree on the question of what is reasonable suspicion; the facts differ in every case; and states have different statutes making up what constitute traffic violations.
The first question to examine in determining the lawfulness of a motor vehicle stop is whether or not the police officer personally observed some violation of law. Did the officer personally observe a traffic violation?
Although there are many incidents when an officer does not have to observe a violation of law in order to stop a motorist, the bulk of drunk driving DUI stops are initiated because the officer claimed a traffic violation occurred in the officer’s presence.
If you have been accused of a crime in Southern California, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 40 years. Call us today at (888) 749-0034 or visit us at our website at www.wklaw.com. We will be there when you call.