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Was Your DUI Stop Legal? If Not, What Can You Do?

Posted by Christopher Martens | Nov 10, 2014 | 0 Comments

Did police recently stop you for a DUI in Tulare, Fresno, or Kings County? If so, you probably have certain assumptions about what defense options might be available to you.

But odds are that you may not be thinking diversely or creatively enough, because you just don't know what sophisticated DUI defense options might be available for people in your type of situation. On the other hand, you probably do understand the ramifications of a conviction, which could include:

  • Losing your license for a year or longer, depending on the circumstances;
  • Paying steep fines and fees;
  • Installing an interlock ignition device in your car… which you get to pay for!
  • Spending time behind bars, which can range from few days to many years, depending on whether you've been arrested before, whether you hurt anyone while DUI, etc.

Before you start worrying excessively about JAIL TIME and your California LICENSE SUSPENSION, take a breath and focus. Consider the possibility that the police did not have probable cause to stop you, search your vehicle, and arrest you.

The issue of probable cause is a complex one, and it's been the subject of dozens of legal debates and many Supreme Court rulings. For instance, in the 1980s, the legality of so-called DUI checkpoints came under scrutiny. The Supreme Court ultimately ruled that such checkpoints could be allowed but limited the scope and nature of such checkpoints. Likewise, police can't just randomly pull over drivers, force them out of their vehicles and search their cars. They need to have what's known, in legal vernacular, as "probable cause." Police cannot, for instance, just pull you over because you look Hispanic or African American. They can, however, pull you over if you were speeding or if your taillights were out.

To discover what options might be available to you to fight for your freedom and rights, call Christopher Martens and his team. We will help you avoid REAL PRISON TIME by fighting for your case at 221 South Mooney Boulevard (at Visalia Court) or 300 East Olive (Porterville Court).

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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