Speeding in DUI Arrests – Los Angeles
Most Los Angeles DUI investigations start when a police officer sees some bad driving or a Vehicle Code violation. For example, Los Angeles Police can see you speeding on the freeway and pull you over. After the police pull you over, if the police officer believes you have been drinking, he will suspect that you are drinking and driving and start a Los Angeles DUI investigation.
Problems in DUI Stops
If you were pulled over in Los Angeles and police suspect DUI, you are in trouble. We believe that most Los Angeles DUI investigations result in an arrest because the police are biased against the drivers and will arrest for DUI even innocent people. DUI breath tests are often not accurate because they overestimate the blood alcohol levels and because the breathalyzers do not work properly. Also, the field sobriety tests used by Los Angeles DUI police officers are not reliable and are very subjective. The good news is that even if your Los Angeles DUI investigation resulted in a DUI arrest, you can fight your DUI case by having Los Angeles DUI attorney fight for you.
Los Angeles DUI Attorney Will Fight Your Case
If you hire Los Angeles DUI attorney, he will help you fight your DUI in Los Angeles. The first step is to analyze if the Los Angles police stop was proper. Police cannot pull over cars just because they want to do it. A police investigative stop must be based on the police seeing a violation of the law, such as speeding or weaving. Without an articulable reason to justify a traffic stop, the police lack Probable Cause. Because Los Angeles DUI investigations must be based on Probable Cause, the police must explain and justify a stop. If you were pulled over illegally in Los Angeles for a DUI, Los Angeles DUI attorney can fight your case and get a dismissal of your DUI case Los Angeles.
For example, if you were pulled over for speeding, the police must say how they know that you were speeding. It does not matter that later you were arrested for a DUI – if there was no speeding, your case must be dismissed. Often, police say that they used a “radar” to determine that you were speeding. Hover, under “speed trap” provisions of California law, whenever police use radar or lidar to do a traffic stop for speeding, they must provide an engineering and traffic survey to prove the speed limit in that arrest. This rule is found and supported by the case law of People v Cooper (2002) 101 CA4th Supp 1, 7. In People v. Cooper, the court held that if police use radar to pull over a driver, they must use an engineering and traffic survey. The corollary to this rule is that when police pull over a driver by using pacing, an engineering and traffic survey is not required because the court held that the requirement of a traffic and engineering survey is unique to radar cases
If you are pulled over for speeding, please contact Los Angeles DUI attorney so that we can explain to you how you can defend your case.