|
Email: dwgenis@msn.com
SPECIAL REPORT:
Mistakes The Police Make . . .
And How They Can Help You:
- Stopping a vehicle on the basis of an anonymous call. An officer can not rely on a phone call to stop you, if he does not have a name and address for the caller. There must be a reasonable suspicion before your liberty interest is overcome. It is an illegal seizure.
- Following a driver into his residence without an invitaion or without enough information to justify the entry. Your home is protected under the fourth amendment. Absent your consent, the California police officer must have probable cause to beleive you committed a crime and exigent circumstances which prevent the obtaining of an arrest warrant.
- Basing an arrest on the statements of the driver alone. The officer must have independent evidence to corroborate these statements. This often arises when he has not seen you in physical control of your car.
- Detaining a driver longer than is reasonable to investigate. The constitution does not allow officers to hold you without limit. It is an illegal seizure.
- Stopping a vehicle without an articulable reasonable suspicion. A California police officer can not stop you just because he thinks you are suspicious. He must articulate specific facts that indicate you are driving under the influence or violating some other law or ordinance.
- Stopping a vehicle because it stops in the middle of the street or it is driving too slow. Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawfull for an officer to stop you. It is an illegal seizure.
- Weaving within a lane. The statute only requires you to drive as nearly as is practible within a single lane. Some cases hold that one weave into the shoulder is not enough reason for a stop.
- Stopping a vehicle based on a misperceived violation of a law. The officer must be right about his interpretation of the law.
- Stopping a vehicle for an improper sign. Street signs and lane markings must comply with the Manual for Uniform Traffic Control Devices.
- Failing to follow the rules of the Department of Health and Intoxilyzer operation manual. These failures may invalidate any alcohol testing.
- Stopping at an improper roadblock. There are guidlines that must be followed to validate the stop. If not, it is an illegal seizure.
- Stopping a vehicle just to check the driver's license and registration. There must be an actual traffic violation or an articulable resonable suspicion of a crime. If not, it is an illegal seizure.
- Stopping a vehicle without being able to identify it as the one actually commiting a traffic infraction. Officers must be able to convince the Court that they stopped the right car. If not, it is an illegal seizure.
- Stopping a vehicle for no reason at all. It's done. Officers usually do not show up in Court on these. If not, it is an illegal seizure.
- Blocking a vehicle's exit without justification. Officers may not restrict a driver's liberty interest in the freedom to leave without a reasonable suspicion. If not, it is an illegal seizure.
- DUI probable cause: A California police officer must have a reasonable belief that your driving has been impaired before he can request that you submit to an alcohol test.
|
Darryl W. Genis
Attorney At Law
3 West Carrillo
Suite 203
Santa Barbara California 93101
(805) 966-0812
California DUI / BUI Defense Attorney serving:
Santa Barbara, Ventura and San Luis Obispo
Since graduating from Southwestern University in 1980 Darryl W. Genis has been helping clients fight their drunk driving charges. His experience, professionalism and dedication to protecting his clients’ rights and freedom make him an excellent choice for your BUI / DUI attorney. |
© BLS Drunk Driving Websites
Site developed by EcomBuffet.com, LLC
|
|
|
