Question: I got a DUI 23152, but I don’t think I should have been pulled over in the first place…does that help? This is my first offense DUI and I have never been arrested before and never even had a traffic ticket. I am clean. I asked the Officer politely why he pulled me over but he did not say. I think I was pulled over just because it was late at night, there was not much traffic, and he was looking for something to do. Also, I blew into a breath machine and the result came back a .09, but I don’t see how I could have been that high.
Answer: Yes, if there is no “probable cause” to stop you and pull you over in the first place, then that can be a defense for fighting a DUI. Without PC to pull you over, or otherwise having some legal reason for approaching your vehicle (ie. car accident, welfare check, DUI checkpoint), then that could lead to your case getting dismissed. If we can establish through a motion with the Court that you should not have been pulled over to begin with, then we can suppress other evidence (ie. field sobriety tests, breath test results, statements you made to the officer) from coming into evidence, which can and often times does lead to getting the entire case dismissed.
Secondly, while your BAC result came back higher than the .08 legal limit, it is very defensible. I would like to know more about your case to give a more specific consultation, but attacking breath test results and their unreliability is one of the many things I do when defending my clients from DUI charges.
Call me at 818-336-1384 to discuss your case.
DUI & Criminal Defense Attorney
Handling Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.
Office in Sherman Oaks