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DUI DEFENSE: UNLAWFUL ARREST
This article discusses one of several possible legal defenses for Los Angeles DUI: UNLAWFUL ARREST CONSENT IN ILLEGAL ARREST IN DUI DEFENSE RECENT CHANGES IN CONSENT IN ILLEGAL ARREST IN DUI DEFENSE ARGUMENT AGAINST ILLEGAL ARREST IN DUI DEFENSE We often see Los Angeles DUI attorneys litigate unlawful arrests in Los Angles DUI Defense cases. When such an unlawful arrest Los Angeles DUI case comes up, the evidence of the DUI can be suppressed and your DUI case can be dismissed. Below are a few cases to provide guidelines, legal analysis, and the court’s approach in ruling on motions to suppress evidence after an illegal arrest in DUI defense Los Angeles. CONSENT IN UNLAWFUL ARREST: DUI DEFENSE In 1970 Allan […]
Dismiss Los Angles DUI – Lack of Arrest (People v. Hawkins)
On June 21, 1970, Allan Hawkins ran a stop-sign and hit another car, killing his passenger and injuring a person in that other car. (People v. Superior Court (Hawkins) 6 Cal 3d 757 (1972). CHP took a vial of Hawkins’ blood from the hospital (to which he was taken to by an ambulance). But CHP never arrested Allan Hawkins. Once authorities obtained results of the blood test, Hawkins was charged with felony drunk driving and felony vehicular manslaughter. Hawkins’ lawyer filed a motion to suppress his blood test results based on (1) Hawkins’ consent was not given freely and voluntarily and (2) no exception to warrantless search of Hawkins. The second argument needs a little explaining: The government […]