Q: Hi Is there a probable cause to get pulled over on the California Highway while driving in the slow lane with my
hazards on at night time and my front tire was low? He ended up arresting me for DUI and suspended license and took me to the hospital and said he had a warrant to get blood tests but he never showed me the warrant. Is this case dismissable if we go to trial?
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- Answered
A:
It is possible for a law enforcement officer to pull you over in California if they have reasonable suspicion or probable cause that a traffic violation has occurred. Driving with hazards on while in the slow lane and having a low tire could be considered a traffic violation, as it could be seen as a hazard or obstruction to other drivers.
However, whether the traffic stop was lawful or not may be a matter for a court to decide, depending on the specific circumstances of the case.
As for the DUI arrest and blood tests, law enforcement officers in California are required to have a valid warrant or consent to perform a blood test in DUI cases. If the officer did not have a valid warrant and did not obtain your consent, the results of the blood test may be inadmissible in court.
If you are facing charges for DUI and driving on a suspended license, it is important to consult with an experienced criminal defense attorney who can review the details of your case and determine the best course of action. They can evaluate the evidence against you and determine if there are any constitutional or procedural issues that could lead to the dismissal of your case or reduction of charges.
In summary, while the specific details of the case can impact the outcome, it is possible that the case could be dismissed if the traffic stop or blood test were found to be unlawful or in violation of your rights.
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