Basic DUI Defenses

Anonymous Tip
Driving
Probable Cause
Procedures
Observation Period
"Smell" of Alcohol
Driver Fatigue
Mental "Impairment"
Symptoms Explained
Legality of Search
Dispatch Tapes
Disciplinary History
Was the officer responding to a phone call that reported you driving drunk? Anonymous callers may not provide enough detail or relevance to establish probable cause.
The officer and the prosecution bear the burden of proof that it was you who were actually driving the vehicle.
Were you properly pulled over and stopped? An officer can't legally stop you unless s/he can has specific cause to believe that you violated the law. Weaving within a lane for a short distance or making a wide turn are not against the law.
Police are taught proper procedures and protocol. Did the officer adhere to proper procedures and protocol, as taught in the Police Academy and written in the training manual?
Administering officer must continuously observe a Drunk Driving suspect for a minimum 15 uninterrupted minutes prior to administering a breath alcohol test. Was the Officer: writing a report? doing paperwork? Speaking to dispatch?
The odor of alcohol does not constitute DUI. Non-alcoholic beer is known to smell exactly like alcoholic beer.
Were you fatigued rather than under the influence? Driving fatigued can produce many of the same signs as driving impaired.
Mental impairment always precedes physical impairment. Will the officer report that you were coherent enough to answer his questions? If so, you were not mentally impaired.
Did you explain to the officer that exhaustion or allergies were causing your bloodshot eyes? Did you explain that you were nervous?
Police are prohibited from searching a person or the automobile for a minor traffic offense without your consent.
When officers prepare to stop a car they report their intention to do so to police dispatcher which is required to tape the officer's dialogue.
Does the arresting officer have a history of disciplinary problems that affect his credibility?
Even with an out of state license you must request a DMV hearing within ten days.

If you do not request this hearing you will lose your privilege to drive in California.

For more information contact our office today.

Call 619 804 7223
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The Law Offices Of Michael Richmond
270 East Douglas Ave. El Cajon, CA 92020
619.804.7223
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The San Diego DUI Information herein does not constitute legal advice. Mr. Richmond's San Diego DUI defense firm is not your San Diego DUI Lawyer and will not represent you as your DUI Lawyer San Diego without a signed agreement. Information applicable to California DUI Law in San Diego County only. This is an advertisement for San Diego DUI defense. Results may vary. Always speak to an Attorney before proceeding.