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FEB 15, 2013 9:30 PM: Driving home from dinner in Lake Forest, CA, I ran into a "Driver License/Sobriety" checkpoint OCSD Lake Forest, on NB Muirlands past intersection of Ridge Route. Checkpoint was not readily identifiable as such at all and upon approach appeared to be after hours road construction site. No signs, lights, or cones placed before the intersection at Ridge Route (being the only safe/legal detour) and no marked vehicles visible from street. 367 report states PC being because I stopped at the checkpoint and narrative was filed and dated 2/20/13. Breath BAC .10 on scene, Blood BAC .09 at station 2 hours later. I have reasonable defense for Breath BAC being under .08 at time of stop and issues with Deputy's credibility in administering tests. Arraignment took 6 months to file.
It sounds like you may have several defenses and legal challenges to the stop and the possibly illegal checkpoint....
The top third brake light was completely out. Emitting no light. The other 2 lower brake lights were in good condition as they normally are. My car is a regular sized 2007 SUV. In CALIFORNIA, is it illegal to have that third brake light out? Is this probable cause to pull you over? I thought there was a law saying the minimum brake lights needed is 2. Anything above 2 is extra and it not required by law. As long as none of my brake lights were emitting a glaring light, it should be OK right? The police report said that I was pulled over for the broken light. I was not swerving or anything else. If it is legal, would this be grounds to suppress evidence after being pulled over? Thank You
The stop is legitimate. Vehicle Code section 24252(a) requires that all lighting as originally installed on the car be...
I was driving a friends car with no IID and got stopped. Officrs wanted to give me a breath test and i said i would rather have blood drawn. They took me to jail and i bailed out next day. I got the blood work rezults and it was .02( well below the legal limit) i have a court date coming and need some advise.
You still can be charged with 23152(a). -,you violated the terms of your probation by having alcohol in your system...
My daughter who is 17 years old was charged with DUI of .01 in California. She went to the DMV hearing and she got her license suspended for a year. We still have to go to court for the same issue. Is it worth to appeal the DMV hearing? Or is it a waste of time? If it is worth to appeal, is this a form that I can fill out, or do I really need an attorney to do so? Thank you! BB
After a DMV hearing, you can appeal the decision, but without having had an attorney up front, the record may not be...
I was involved in a accident where the other party was at fault but since I had been drinking I was arrested for DUI. The other guy ran a red light and hit me. What can I expect when i go to court?
It is impossible to give you a meaningful answer without more information. Do you any prior convictions, especially a...
First DUI with no reason for being pulled over by the officer other than hearing the tire screeched because of new tires and new car. Test results were 0.08% BAC. Never in accident and have no traffic ticket for the last 4 years. Was never read my rights when arrested and was not given a chemical or breathalizer test in the Police Station. Based on these circumstances, if I get a lawyer, what are my chances of winning this case in trial? What are my chances of getting Dry & Reckless plea?
You raise several issues: 1. The legality of the stop. Can they say it was YOUR tires that made that noise? If so,...
i want to go to vegas
If you are on informal probation for a California DUI, yes you may leave as long as: (a) it does not say in the...
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