Can I Be Arrested Or Convicted Of DUI Even If No Officer Saw Me Driving? (CVC 23152(A)
Yes. Even without an officer's direct observation of driving, an arrest for DUI may be lawful depending on the surrounding facts and circumstances. If there is sufficient circumstantial evidence that you had been operating a motor vehicle, an arrest and conviction may be justified. An example of circumstantial evidence is eye-witness testimony as to your driving.
Further examples of circumstantial evidence include:
(1) Location of the vehicle;
(2) Position of the driver's seat;
(3) Whether the vehicle was running.
Also, whether a DUI suspect made any admission to driving is critical to a DUI arrest and/or prosecution. If no officer witnessed you driving, you must immediately consult with an experienced DUI defense attorney to discuss your case in detail
There are many factors that determine the outcome of a DUI case. Having a highly skilled Orange County DUI Defense attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with DUIs in Orange County win their cases for over 40 years. You can call us at 888-280-6839 or visit our website www.wklawdui.com. We will be there when you call.
I got a DUI in Los Angeles. How can a Los Angeles DUI lawyer at Wallin & Klarich prove that I was not legally stopped by the police officer. (CVC 23152)
The first and arguably the most critical element in every DUI case is whether an officer had probable cause to pull you over and ask you to perform field sobriety tests. Every Los Angeles Wallin & Klarich lawyer is highly trained in the law that applies to probable cause for detention and arrest.
If you took a blood test or breathe test after you were arrested and the result was above the legal limit that does not necessarily mean you will be convicted of a DUI. We have had many DUI cases dismissed or reduced when the blood alcohol result was two and even three times above the legal limit of .08. This is because we determined that the police officer lacked “probable cause” to stop our client or to arrest our client.
In these cases we file motions to suppress the evidence. If the court agrees with our motion then the court will “suppress the evidence” and that means that the result of the blood or breathe test cannot be used by the prosecution. Without the test result the case often has to be dismissed or the District Attorney will make us an “offer we cannot refuse”.
There are many factors that determine the outcome of a DUI and having a highly skilled Los Angeles DUI defense attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with a DUI in Los Angeles for over 40 years. You can call us at 888-280-6839 or visit our website www.wklaw.com. We will be there when you call.