This page contains information about DUI Defenses for cases in LA County. While this is intended as a list of Los Angeles DUI Defenses, it is not comprehensive, and there are many other technical defenses to DUI cases. This is an area of laws, and scientific evidence, that is constantly changing.
Los Angeles DUI Defenses – Invalid Stop
The law requires that an arresting officer have “reasonable suspicion” for the stop in a DUI case. The United States Supreme Court has held that an officer must have probable cause. Probable cause is defined as a reasonable suspicion of articulable criminal activity, or specific traffic violations, to be able to stop the vehicle. If the officer did not have a reasonable suspicion, then the remedy is that the DUI charge must be dismissed. Los Angeles DUI Attorney Robert Miller has had DUI cases dismissed where there was a lack of probable cause.
Los Angeles DUI Defenses – weaving within the lane.
If the basis for the stop was weaving within the lane, many lawyers miss the legal issue, because they are not familiar with California law on this issue. In California, weaving within the lane is not actually a violation of the law. With varying widths of vehicles, including large SUVs on the road, weaving within the lane could merely be a matter of observing the vehicle move a matter of inches from the middle of the lane. This is very common in Los Angeles DUI cases.
Los Angeles DUI Defenses – Changing Lanes Without Signaling
Many lawyers believe in California, changing lanes without signaling is a traffic violation in and of itself, which is wrong. That is not what the law reads and requires, as the statute states that one is only required to signal if there is other traffic nearby. Most DUIs occur very late at night, and very often, the police officer is the only other vehicle anywhere near the vicinity of the driver.
Los Angeles DUI Defenses – an anonymous tip from a citizen of drunk driving.
Everyone has a mobile phone now. A California DUI campaign puts on roadside billboards the message to call 911 to report drunk drivers. More and more suspected drunk drivers are being pulled over based on a 911 call from a citizen. California law requires that, prior to being able to pull a vehicle over, an officer must do the following:
- obtain sufficient corroborating evidence from a caller to verify who the caller is;
- how they obtained their knowledge;
- and what the knowledge actually is that leads them to conclude that someone is driving under the influence.
If the officer does not obtain sufficient corroboration, the stop is invalid, and the charge must be dismissed.
If you have questions for our Los Angeles DUI Lawyers, please contact the firm at (877) 568-2977 anytime. We are here to help you.