DUI PROBABLE CAUSE

There are many reasons that allow law enforcement to make contact with drivers of motor vehicles and motorcycles. This article will not cover those issues that deal solely with motorcycles. Generally, the reasons are; moving traffic violations, equipment violations, registration issues, unusual driving actions leading to reasonable suspicion or evidence of drinking or drugs in a vehicle. The aforementioned reasons are taken right out of the U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA), DWI Detection and Standardized Field Sobriety Testing manual. This same information is reprinted and used to train the cadets going through the academy, before becoming California Highway Patrol officers. Other reasons include Sobriety Checkpoints and 911 calls from other drivers. California Vehicle Code 40300.5 even lists five additional reasons.

Moving and equipment violations, along with registration issues, are self explanatory. DUI Checkpoints and 911 calls I will save for a later discussion. For that reason, this article is restricted to reasonable suspicion, which is more ambiguous. NHTSA studies break the list down into four categories;
Problems maintaining proper lane position
Speed and braking problems
Vigilance problems
Judgment problems

A summary of the items within the different categories that frequently end up in police reports are;

Weaving
Straddling lanes
Almost striking other vehicles or objects
Swerving
Drifting
Stopping problems
Accelerating or decelerating for no apparent reason
Varying or slow speed
Slow response to traffic signals or stopping in a lane for no reason
Driving without headlights at night or in the rain (New)
Failure to signal or inappropriate signaling
Following too close
Improper or unsafe lane changes
Illegal or improper turn
Unusual or inappropriate behavior
Appearing to be impaired


We have found that regular subpoenas of videos are an excellent way to test client's recollection of the events and to keep law enforcement honest. It would be unfair to say that clients or law enforcement intentionally lie but a picture (or video) is worth a thousand words. In the context of probable cause, we are able to share with you the view from the officer's vehicle. Sometimes the videos lead to a speedy resolution of a case and other times it gives us a solid basis for a Set Aside following a DMV APS hearing, or a suppression motion in the Superior Court. If you want to know if law enforcement had a legitimate reason to pull you over, contact a somekeyword. Don't just rely on the written police reports, as so many lawyers do. Insist on all the available evidence before you resolve your DUI case.

About the Author
somekeyword, DENIS H. WHITE, JR., has focused his practice to the somekeyword and somekeyword in the counties of Sacramento , Placer, Yolo and El Dorado. For 17 years, he has served the greater Sacramento community with his dedication to justice and provision of legal services.

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