Irvine, CA asked in DUI / DWI for California

Q: What requirements does a police officer need to meet to justify pulling me over on the suspicion of drunk driving?

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2 Lawyer Answers
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: Reasonable suspicion is required to pull someone over. That's a pretty low bar. Swerving, a tail-light out, visual queues of drunkenness, a cell phone violation or other traffic violation, etc. would suffice. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

William Mihrtad Paparian
William Mihrtad Paparian
Answered
  • DUI & DWI Lawyer
  • Pasadena, CA
  • Licensed in California

A: The initial traffic stop is frequently unrelated to a suspicion that you are driving under the influence of alcohol. It could be a garden variety violation of the Vehicle Code: speeding, unsafe lane change, failure to come to a complete stop at a stop sign. Or it might be for an equipment violation: expired registration tags, a broken tail light, a burned out license plate light.

Sometimes it might be because you are suspected of drunk driving, the classic weaving pattern in a lane of traffic.

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