Speeding in DUI Arrests – Los Angeles
Most Los Angeles DUI investigations start when a police officer sees some bad driving or another Vehicle Code violation (such as equipment 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, they will suspect Los Angeles DUI violation and do 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. Los Angeles DUI attorneys believe that most Los Angeles DUI investigations result in DUI arrests because the police are biased against the drivers and will arrest them for DUI even when they are innocent. 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 (despite being “standard”). But, 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
Hiring a Los Angeles DUI attorney will help your Los Angeles DUI case. The first step is to see if the Los Angeles 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, missing front license plates, 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, a Los Angeles DUI attorney can fight your case and get a dismissal of your DUI case Los Angeles.
Speed Traps
If you were pulled over for speeding, the police must explain how they knew that you were speeding. It does not matter that later you were arrested for a DUI – if the reason for the traffic stop is not based on violation of law, your case must be dismissed. Police can say that they used a “radar” to determine that you were speeding. But, 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 area. 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 traffic and engineering survey has to be no older than 5 years old to justify the posted speed limit (CVC 40802(b)). If the People do not produce the engineering and traffic survey, they do not meet the burden under CVC 40803(c). If the People do not produce an original survey or certified copy, the evidence as the defendant’s speed was inadmissible (CVC 40803(a) because they do not meet the prima facie case (CVC 40803(b)). If this happens then the officers are incompetent to testify (CVC 40804(a)) and the court has no jurisdiction (People v. Earnest 33 Cal App 4th Suppp 18). 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.
Basic Speed Law vs. Maximum Speed Limit.
California has two speeding laws. One is found in California Vehicle Code 22349 and another is found in California Vehicle Code 22350. CVC 22349 limits the maximum speed on a highway to 65 miles per hour. In contrast, under CVC 22350, the maximum speed is determined by the condition of the road, weather, and other factors that can make speed dangerous for the type of conditions.
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.
(No Ratings Yet)
Loading...