The Differences Between Legal and Illegal Traffic Stops

All police officials must have a legal reason to stop a driver. Unfortunately, not all officers act in accordance with California’s laws regarding DUI traffic stops. Learn more about legal and illegal traffic stops to determine when you should contact a DUI lawyer or traffic violation attorney.

In order to legally stop a driver, the officer executing the stop must be able to prove that there was a legal basis or probable cause to do so. For example, the driver must have been driving with excessive speed, swerving in between lanes, failed to yield, failed to stop at a red light, or exhibited other negligent driving behaviors. Individuals who are pulled over, ticketed, or arrested without probable cause may be released from their charges with the help of a qualified attorney.

It is important to remember that any information obtained during an illegal traffic stop may be suppressed or dismissed from the case. This includes breathalyzer results and other blood alcohol tests that are obtained through an illegal stop. A DUI lawyer will research the details and circumstances regarding your traffic stop as well as interview any witnesses to determine if the information obtained by police officials is applicable or whether it may be excluded from your case to avoid unwarranted charges. An attorney will also review the police records themselves for inconsistencies or evidence of illegal action.

With over 20 years of experience handling DUI cases, the DUI attorneys and drug lawyers with Hinkle, Jachimowicz, Pointer & Emanuel Law are ready to defend your legal rights. All of our attorneys are highly experienced and have an in-depth understanding of California state driving laws. For more information on our practice areas, attorneys, or to learn more about the court process contact our San Jose office at (408) 916-1413. You can also visit us online to set up a free consultation.

Source: Hinkle, Jachimowicz, Pointer & Emanuel Law


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