DUI - San Diego California - DMV

Article Posted with Author's Permission


The below article written about Probable Cause is posted exactly as written. Some or all of the things in this article may or may not be applicable to your case and I may or may not agree with this officer's opinion.


Every police officer who comes out of a police academy understands the concept of "probable cause." Many who come in contact with the police do not understand it. The purpose of this article is to provide some insight as to what a police officer knows about it and how it is used.

"Probable cause" means it is probable that a violation of the law has occurred, is occurring or is about to occur. Strictly speaking, it is a standard of measure of provability of a fact, and that fact is a past, present or future occurrence of a crime.

There are some other standards of measure for proving a fact, so in order to grasp the concept of probable cause or "PC" as it is most often referred to, it is good to know what the other standards are.

The most difficult standard in law to prove is "Proof beyond a reasonable doubt." This is the standard that is required in a criminal court for the court to convict someone of a crime. "Proof beyond a reasonable doubt" is not "proof beyond any possible doubt," a common misconception. If a person is arrested for DUI, it will be the requirement of the prosecution to prove beyond a reasonable doubt that the person drove a vehicle while under the influence of alcohol.

The second most difficult standard is "preponderance of the evidence." This is a standard that is used in juvenile cases and civil cases. It simply means that one side has proven its side better than the other side, like a balance scale.

Because we live in the United States of America, we as citizens have a right to go about our business without unreasonable interference by the government. If the police were allowed to stop and interrogate simply on a whim or a hunch, our society would tend toward being a police state. On the other hand, if police were not allowed to stop citizens at all, we would move toward a state of anarchy. The courts, through their interpretation of the Constitution, recognize the need for a balance in government interaction with the public. Proving a crime beyond a reasonable doubt before a stop is made is unreasonable; therefore, the standard used to allow this interaction, other than a consensual contact, is probable cause.

For a police officer working the street, the easiest way to have probable cause to stop someone is some type of violation of a traffic law. As you know, there are a myriad of moving violations, registration violations and equipment violations in the Vehicle Code. Where as all of these requirements are necessary for the streets to be safe, the secondary benefit to the police officer is it provides countless ways of justifying a stop.

Once a stop is justified and made, if the officer goes beyond the primary purpose of the stop, his actions have to be justified based on probable cause to believe that there is an additional crime that has to be investigated. For example, if a police officer stops someone for speeding, removing the person from the car and doing a pat down search would be unjustified because the purpose of the speeding stop can be met by simply writing a citation. However, if during the stop something happens, or evidence of an additional crime comes to light that was not originally noticed, the officer can probe deeper because he has more probable cause.

Keep in mind, there does not have to be an actual violation of a crime as you might see in a traffic violation, only the probability of a violation. If a police officer sees a person driving during late hours of the night or early morning hours and sees the person weaving back and forth in the lane, or perhaps is driving too slow or the officer sees some other unusual driving pattern that appears to be suspicious, the officer can justify a stop simply for suspecting the person of being a drunk driver. If a stop is made under those circumstances, the suspicion that the person is a drunk driver has to be developed before the stop is made, not after.

If you are in the habit of taking a few drinks then driving, you may not be in favor of this lower standard called "probable cause," but for all of those who are responsible in their drinking and driving they can take comfort in the fact that it keeps the streets safer for all of us.

Greg Cantor Retired La Mesa Police Sergeant

AMAZING result!!!!!. I made the right choice in choosing Mike Richmond and his team for representing me in my DUI case. A DUI charge can devastate your life, and should not be taken lightly. I was facing the prospect of having a DUI on my record as was getting ready to finish years of graduate and doctoral studies. Having a DUI on my record would have hurt my chances of being hired, thus ruining my life. Not to mention license suspensions, SR22 filing, classes, etc. Mike and his team always took the time, and made extra time, to listen to me and make sure that the facts of my case were scrutinized. They also took the time to explain to me what was happening through every stage of this very complicated process. Mike’s approach is very straightforward and honest, and his team is compassionate and understanding. Thank you, thank you, THANK YOU.

Steve A. (08/26/08) To everyone at the Law Offices of Michael Richmond,

I am tremendously pleased that you were able to attain the fantastic results in my case. I shopped around for an attorney, and upon the recommendation of a friend, I chose your firm. I would like to thank each and every person in the firm for the total, unwavering dedication and work in my case. I will unhesitatingly recommend your office to anyone who asks.

G.H. (USN, Ret.) (08/13/08) I am amazed at where we ended up as compared to where we started. I honestly thought I was #!*!@*, but much to my surprise you and your staff were able to get my charges dismissed. Awesome result.Thanks to you and your staff! From inital contact, to closing my case, you and your staff were great! Many Thanks.

Ed C. (07/22/08) I can not thank you enough for all of your help with my DUI. The result you were able to achieve without the un-necessary expense of trial is simply outstanding. Please accept my sincerest thanks.

P.H. Dear Mr. Richmond,

I can not thank you enough for your services relative to my DUI.  When I was first arrested I thought I was going to go to jail, however, you were able to somehow get charges dropped.  I would gladly recommend your services to anyone arrested for a DUI.  Thank you again.

John C.   (08/07/06) Dear Michael Richmond and Staff,

First of all, I would like to thank everyone in your office for being more than helpful in answering my questions and concerns pending my case. Your efforts to provide me the answers were usually that very same day, if not early the next morning. Your exceptional communication with my family and I has helped to ease our minds during this troubling time, which is very much appreciated and should not go unnoticed. By providing me information on the day of my hearings let me know that you and your staff take every case very personally as if it was your own. The knowledge of your staff has been encouraging since day one. I am very grateful to have hired your law office in my time of need. I cannot say it enough, but Thank You!!!

Sincerely,
Steven W. (07/16/08) Mike,

I can not thank you enough for everything you have done for me. I am so pleased I can not tell you enough.

H.D. (02/22/08) I just want to thank you again for being straightforward about the whole process and all your hard work. If someone gets a DUI and doesn't have you for their lawyer I feel sorry for them because they don't have the best. Freedom is something you can't put a price on and I want to thank you for not trying to rip me off like a few of the other big name web sites I visited. A million thanks to you. I don't know what I would have done without you.      

N.H.   (03/22/07)