Tuesday, July 3, 2007

Probable Cause must first exist for a California DUI

California DUI Drunk Driving Attorney news:

July 3, 2007

PC to contact or stop the motor vehicle is always a possible issue in a San Diego California DUI case.

Without proper legal cause to detain or stop a San Diego California DUI suspect, any evidence obtained as a result of the stop (all California drunk driving evidence except driving observations) should be suppressed. Suppression means the San Diego DUI court cannot consider the evidence. This includes suppression of any blood and/or breath test evidence in the San Diego California drunk driving case. The San Diego California DUI prosecutor must justify the investigatory detention.

If there are not objective and articulable facts upon which to warrant detaining the driver beyond a brief stop, then a motion to suppress could be made by the San Diego California DUI lawyer.

In a San Diego California DUI case, there are hundreds of potentially applicable federal and California cases interpreting what constitutes sufficient probable cause to justify stopping, detaining, and arresting a driver. That is why it is important to consult with a San Diego California DUI attorney.