Drunk Driving Attorneys Modesto, CA

A police officer must have what's called "reasonable suspicion" to stop your vehicle. If an officer stops you arbitrarily and arrests you for a DUI, then your DUI will get kicked out in court. The fourth amendment states that the people are protected from unreasonable searches and seizures, so DUI stops are protected just like someone's home. Below, are some common police stops that are sometimes beatable in court:

Signaling-Modesto DUI Lawyers

Drivers in California are required to signal before they turn or change lanes "only in the even that other traffic may be affected." That means that if there is nobody around you when you turn or lane change, then a police officer can't stop you and arrest you for a DUI.

Tinted Windows-DUI Attorneys Modesto, CA

A police officer can't stop everyone he wants because they have tinted windows. There is case law that states an officer may or may not be able to stop a car based on the level of tinting on the windows of the vehicle. If your windows are pitch black, then the DUI stop is probably valid, however, if not, then you may have a fourth amendment issue.

Swerving-Lawyers Modesto, CA

A driver is allowed to swerve within his lane. It's only when that driver crosses one of the lines, does a police officer have a right to make a DUI stop. Therefore, if you were swerving within the lane, the officer didn't have the right to stop you.

DUI checkpoints-Modesto Attorneys

The primary purpose of these checkpoints is to deter drunk drivers. So, if the purpose of a check point is to catch criminals or drugs, then the check point is not lawful. That means if you can prove the primary purpose of the checkpoint was something other than catching drunk drivers, then you can beat your DUI. Also, a person can't be questioned on matters that are not related to the purpose of the checkpoint without individualized suspicion.

The above are just a few examples of beatable DUI cases.