Can A Driver be pulled over for looking worried and then arrested for a DUI in Los Angeles?

April 11, 2013

It is no fun to be followed by a police officer who suspects that you are driving under the influence of alcohol or drugs.  Once the officer have that suspicion, he will look for patterns of driving that are consistent with the driver being intoxicated.  In short, he will look for a reason to stop the car so that he can smell “odor of alcoholic beverage”, observe “bloodshot watery eyes” to confirm his suspicion and to conduct a DUI investigation that can result in your arrest and prosecution for a DUI in Los Angeles.

Sometimes, an officer fails to see a vehicle code violation and is left with just a “hunch”.  Can an officer initiate a traffic stop when he observes a driver act nervously?  That question was answered by a federal court in United Stated v. Robert L, (874 F.2d 701), which held that a mere preoccupation of the driver with his vehicle being followed by a police officer is not a good reason for “investigatory stop”.  In other words, when a police officer observes some a nervous driver and decided to pull him over to see if the driver is nervous because he consumed alcohol or is transporting something illegal in his car, the court is likely to throw out that case.  After all, many people will be nervous when they are followed by a police vehicle for reasons that have nothing to do with anything illegal.  But, you will need help of an drunk driving attorney in Los Angeles.

So, if you were pulled over without a reason or based on officer’s observation of nervousness, your case needs to be dismissed.  Please contact our office right away to talk directly to an DUI defense attorney – our direct number is (877) 940-4440.

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