Illegal stop for DUI

[Babe]

I was pulled over in San Luis Obispo,CA for making a legal U turn. I blew a 0.11 breathalizer and was arrested. I am also on felony probation. In court my lawyer had the judge acknowledge that the officer pulled me over illegally but since I am on felony probation I'm going to be nailed for intoxication and a DUI. I want to know if there are laws against officers pulling you over for no reason, can I fight my charges? If anything, maybe sue the arresting officer for an illegal stop, because this will be costing well into $2000.

 

[kebmeister]

I am merely am observer who's bro is a cop, but I would definitely pursue an illegal search and siezure avenue on this! Of course, I am an air conditioner repairman. Good luck. I hate B.S. charges.

 

[FKNA]

With a very good lawyer, you can have the breathalyzer evidence withheld. i.e. they can't use it against you since you were illegally pulled over. You can get out of this one, it's just going to cost you some bucks and you'll definitely need a lawyer that knows what he's doing.

 

[lawrat]

not that simple folks. if he had a reasonable good faith belief in stopping you, and he found you like that -- you lose.

the law os very flexible on this but it does boil down to his good faith in stopping you.

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I am a law school graduate, criminal law researcher / legislator and government employee. What I offer is mere information, not to be construed as forming an attorney client relationship.