Wednesday, January 21, 2009

New California cases address temporary operating permit vs. license plate issues, often arising in DUI cases

California drunk driving criminal defense lawyers report two new California cases, discussing issues often arising in DUI or drunk driving cases in California:

An officer who sees a vehicle displaying a temporary operating permit in lieu of license plates may not stop the vehicle simply because he or she believes that such permits are often forged or otherwise invalid; the officer must have a reasonable suspicion that the particular permit is invalid.
People v. Hernandez - filed December 11, 2008
Cite as 2008 SOS 6609
Full text http://www.metnews.com/sos.cgi?1208%2FS150038

Where officer saw that moving vehicle lacked license plates or a temporary permit in the rear window and could not--prior to initiating stop--see whether there was a temporary permit in the front window, officer had reasonable grounds for traffic stop.
In re Raymond C. - filed December 11, 2008
Cite as 2008 SOS 6611
Full text http://www.metnews.com/sos.cgi?1208%2FS149728

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