Arrested for a DUI During an Unlawful Stop?
If you have been arrested for driving under the influence of alcohol or drugs, you will be charged with a DUI, and an arraignment will be set to accept your plea and make plans for a court appointment. Sometimes a DUI case can be thrown out during the arraignment. This happens when there is not sufficient evidence to convict a person of the crime for which they stand accused. In the case of a DUI, this can happen when it is determined that you were unlawfully stopped.
What Constitutes an Unlawful Stop?
There are specific laws that regulate when a police officer may stop a driver. You cannot be stopped without probable cause, and the arresting officer must have reasonable belief that you have committed a crime. This might happen due to reckless driving or visibility of an open alcohol container inside the vehicle. For this reason, though it is legal, some people view sobriety checkpoints as a violation of rights. The California Highway Patrol frequently sets up designated areas where drivers must stop for an inspection. Its purpose is to discourage and catch drunk drivers. However, there is no way to observe reckless driving in these circumstances.
Our DUI Attorneys will Question the Evidence
If your vehicle was inspected at a checkpoint, it must be demonstrated that the action was not related to prejudice. Checkpoint officials must ensure that a pattern is followed. If evidence points toward possible discrimination, it may be subject to additional scrutiny. Even if your stop is deemed to be lawful, the way that evidence is handled can affect its usability. Additional evidence, such as a field test or chemical test, must be presented in an equally reputable method. The test must have been conducted appropriately, and evidence must follow a strict chain of custody that is documented.
Experienced Chico DUI Attorneys Defending Your Rights
During the arraignment, the prosecution will present proof that there is enough evidence for a possible conviction. Our Chico DUI attorneys will question whether the evidence was obtained legally during an unlawful stop. We will carefully examine that your right were not violated. If you believe that your traffic stop was unlawful, seek advise from one of our Chico DUI attorneys. We will examine every aspect of the case and invetigate every detail leading to your arrest. In many cases, the claim may be settled without trial through negotiations between attorney, prosecutor, and judge. Our Chico DUI Lawyers at Amaya & Associates are highly dedicated attorneys who have a record of success in DUI cases. We are ready for aggressive court representation to get your case dismissed or reduced. Call us today for a FREE evaluation of your case.