Legality of a stop is an excellent way to attack a Los Angeles DUI. A skilled Los Angeles DUI lawyers in our law firm will help focus your defense on the legality of the stop. Such defense is developed through a motion to suppress the evidence of a stop based on the violation of the 4th amendment right against unreasonable search and seizure. If you are questioning legality of the stop, contact a DUI lawyer in Los Angeles to receive more information.
Here, I address legality of a stop when the officer’s reason is “weaving within a lane”. A number of California Courts has found that “weaving” within a lane provides sufficient cause to conduct an investigatory stop. For example in People v. Bracken 83 Cal App 4th Supp 1, court found that weaving within lane for one half mile is sufficient cause to pull a driver over. Also in People v. Perez 175 Cal App 3d Supp 8, court found sufficient case as based on “pronounced weaving within lane for three quarters of a mile“. Lately, in Arburn v. DMV 61 Cal App 4th 1480 (2007), the court found sufficient cause to conduct an investigatory stop when the driver “almost hit a curb and was weaving just before driving into a parking lot“. The court in Arburn noted that there is no evidence how many times the car “weaved”, so an inference that the car swerved only once is not supported. The court notes that a mere “hunch” regarding criminal activity does not create a reasonable suspicion that driver was driving under the influence. Skilled DUI Lawyer in Los Angeles will construct an argument to convince the court that the officer pulled you over on a mere hunch. DUI attorneys in Los Angeles will explore factual differences between the sited cases and your case and show the court or the DMV that the stop was not justified.
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