Los Angeles DUI and The California Highway Patrol

  • May 26, 2017

    The California Highway Patrol(CHP)is just one of the law enforcement agencies in the greater Los Angeles area that can lawfully stop someone suspected of driving under the influence. Although the Los Angeles Police Department and Los Angeles County Sheriff’s Department make several DUI arrests, the CHP makes more arrest than any law enforcement entity in the state. The area freeway system accounts for hundreds of miles traffic. It is the job of the CHP to ensure that all traffic laws are being obeyed and the roads are safe. If you get arrested by the CHP for DUI, you need to find Los Angeles DUI Attorneys as quickly as possible.

    California Highway Patrol officers are constantly patrolling the highway. They have the legal authority to stop a driver if they are observed breaking any DUI laws. There must be probably cause such as witnessing the car swerving or something else that shows sufficient proof that the driver could be impaired. Drivers can also be arrested for DUI if they are stopped for speeding or some other type of moving violation. If the officer notices the presence of alcohol or some other factor, the driver can be charged with a DUI violation.

    Arresting officers have to be extremely careful when making an arrest. If the arrest is deemed questionable or lacks sufficient cause, the driver can file a motion to suppress and request a hearing. If the presiding judge believes that the arrest was unlawful, the DUI evidence will be tossed by the prosecutor, which, in turn, means the case will likely be dropped. The chance of a prosecutor winning a DUI case without evidence is slim to none.

    All CHP devices are equipped with video cameras that turn on automatically 30 seconds prior to the officer activating the flashing lights. The MVRS Video is an important tool, because it captures audio and video recordings of the field sobriety test and arrest. In most cases, the driver’s defense attorney will subpoena the MVARS video to see if they can capture any improprieties. It could take several weeks to several months to receive the MVARS video once it’s requested.

    CHP is the first law enforcement organizations to implement the use of trained drug recognition experts (officers) in the field. Drug intoxication and alcohol intoxication has different symptoms. A trained expert can tell whether or not a driver is under the influence of drug or alcohol intoxication. When a regular CHP officer stops a driver suspected to be under the influence, there are times when an expert should be called in. If a driver is found to have violated California DUI laws under California Vehicle Code Section 23152(e), they will be arrested. To fight such serious charges, a defendant should find a highly trained Los Angeles DUI Attorney to handle their defense.

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