Union City, CA asked in Criminal Law, DUI / DWI and Traffic Tickets for California

Q: I was recently stopped for failure to maintain lane and after brief explanation I was let go

I stopped after this at a gas station for roughly 15 minutes, I then continued on my route home only to be pulled over by the very same cop for doing nothing at all! When I asked the cop "why did you stop me?" His response was "why didn't I stop?" I replied I did stop back there at the gas station and was fine to continue, he then asked me to get out of the car and blow which i blew .000 and then asked to perform FST and I completed them with no issues, I was escorted back to my vehicle and then arrested on suspicion of DUI, was this lawful or unlawful stop? He then searched the vehicle without my consent and said he has probable cause to search, I did nothing wrong and nothing was in plain view and there was no odor coming from myself or vehicle, I'm not sure why my question keeps getting removed but I'm curious if this lawful or unlawful, stop deleting my question whoever keeps doing it!

1 Lawyer Answer
Kevin E Mitchell
Kevin E Mitchell
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: The way you describe it, it sounds unlawful. What the cop has to say to justify the reasonableness of his decision to stop you twice is what matters. If you are charged, ask your attorney to investigate and file a motion to suppress. Whether or not you are charged, you may still file a complaint against the officer, but talk to an attorney first, so as not to incriminate yourself.

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