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May 26, 2017 | admin Pulled Over for Equipment Violations in Los Angeles
When a law enforcement agent pulls you over, the beginning of a driving under the influence of intoxications arrests begins. This is done when the driver is observed by the police officer committing a law offense. This traffic law violation must not be related to impaired driving. For this reason, the officer must have probable or reasonable cause to force the traffic and driver to stop. In this case, the pullover cannot be based on a hunch. Typically, the reason for stopping a car can be as a result of the police officer observing you violate a traffic law. In this case, the main way for him to observe that you are driving under the influence of intoxication is by failing to stay in your lane or over speeding. Officers can also pull you over for equipment violation such as faulty brake lights or missing license plates.
Police Allowed to Stop Vehicles for Violating Vehicle Code
For most drivers, it is to their surprise that they can be arrested for a DUI case after being pulled over for an equipment law violation. In this case, it is often connected to impaired driving. The fact that the car has a dark window tinting, missing license plates, or any correctable error is not evidenced that they are under the influence of drugs and alcohol. For most drivers, they think that they can face conviction if they are swerving or weaving carelessly. However, this is never the case. The police officer has the right, under the law to pull you over if he sees you breaking the traffic law. This includes equipment law violations.
Once the driver is pulled over for equipment violation, the officer will look for suspicious evidence that the driver is under intoxication while driving. In this case, the officer has the mandate to conduct a DUI investigation to determine the level of intoxication in your blood system. The police officer will engage you in a conversation to ask you why the equipment is not in order. During the peak DUI crime times such as weekends and holiday seasons, the law enforcement agents look for an indication of intoxication when they are speaking to the driver. The officers will also be looking for intoxication symptoms such as the watery eyes, slurred speech, bloodshot, and an alcohol odor. If they suspect that the driver is under the influence of drugs and alcohol, they will look at the pupils to determine the case.
Suspected of Drinking or Using Drugs
If the law enforcement officer suspects that you are intoxicated while driving, he will ask you to engage in a field sobriety tests to measure the level of balance, coordination, and ability to follow the officer’s instructions. A drug recognition expert will be used if he suspects that drugs were used. A breath sample is required in this case.
The driver will be arrested for further investigation if you are found to drive under the influence of alcohol. The vehicle can be towed if no friend or sober passenger can drive the vehicle.
Challenging a Vehicle Stop
When the driver files a motion to suppress evidence under the traffic law in California, the driver can challenge the basis of the vehicle stop. In this case, the evidence produces when the vehicle was stopped can be eradicated. For this reason, the prosecution will not proceed.
If you are arrested for DUI crime after being pulled over for equipment violation, consider speaking with an experienced attorney in Los Angeles right away. The Los Angeles Law Firm has many years of experience in representing their DUI clients. Therefore, contact us to schedule a free consultation session with an experienced lawyer.