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Archive for August, 2010|Monthly archive page

Does an Officer have to charge you for what you were pulled over for?

In Uncategorized on August 22, 2010 at 9:56 pm

Question:

When I was arrested for a DUI, I was never charged with the Initial reason the Officer pulled me over.?

Back in Early 2009, I was pulled over and arrested for a DUI. The Officer said I had touched the yellow line in the middle of the road but I know dam well that was not true. My driving ability was absolutely fine. It was a DUI-Marijuana. I’ve talked to a Veteran Attorney’s Assistant and he said that if the Police officer did not write me a ticket for Failure to maintain Lane, or Reckless Driving (These are just some of the tickets he could have given me..) that everything proceeding that would not stand up in Court because the Officer didn’t have Probable Cause to pull me over in the 1st place. Yet, If he had written me a ticket for Failure to Maintain, that it would stand in Court. BUT, HE DIDN’T CHARGE ME WITH ANYTHING BUT A DUI. IT’S A TECHNICALITY DUE TO THE OFFICER NOT GIVING ME A TICKET FOR THE ORIGINAL REASON FOR PULLING ME OVER. Has anyone ever heard of this or dealt with these before?
Answer:
In California,

Although I have read nearly 5000 DUI police reports, I only see 1 out of a 100 or even as much as 1 out of 250 police reports where the cops actually charge the defendant for the reason they pulled the defendant over… whether its speeding or failure to stop at the stop sign.

They get the person for the big fish (the dui), write down for the cause of the stop in the police report.

Sorry, they still can charge and convict you of the DUI.

If you’re in California and need an experienced DUI attorney, please call 877-717-2889.

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