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DUI Arrest At Home
Here Los Angeles DUI attorney discusses how to defending a Los Angeles DUI where the police came and arrested someone at their home. An obvious defense for a DUI case like this is to argue that at the time of driving, there was no impairment. Usually, a police officer has to personally observe a misdemeanor to place a person under arrest without a warrant (Penal Code section 836). In 1997, California created an exception to this rule to allow police not to observe the commission of a misdemeanor to arrest for violations of the California Vehicle Code. (Vehicle Code section 40300.5). That exception flies in face of the Search and Seizure protection of the U.S. Constitution. Now, police can make […]