Los Angeles DUI Arrest Attorneys
Incorrect Arrest Procedure
DID THE OFFICER FOLLOW PROPER POLICE PROCEDURES?
WERE YOUR CONSTITUTIONAL RIGHTS VIOLATED?
Many DUI traffic stops can be defended based upon the unlawfulness of the officer's conduct at the time of the stop, detention or arrest. Not all drivers understand how many policies and protocols police officers are required to follow. Federal and state laws apply to traffic stops, and some additional requirements apply to DUI stops in particular. This means that there is a lot of room for error in how officers make arrests. And many DUI cases are actually thrown out of court because of incorrect police conduct or lack of adherence to important constitutional protections.
One aspect of DUI stops that an experienced Los Angeles DUI defense attorney will look at is the supposed "probable cause" for the DUI arrest. Another concern is whether the officer had sufficient facts to show a "reasonable suspicion" existed to detain the individual in the first place. For example, it is unlawful for a law enforcement officer to randomly stop vehicles for DUI investigation, unless specific parameters are met. This means that some "DUI roadblock" or "DUI checkpoint" arrests can be defended on this basis. Although new laws do include some provisions for DUI checkpoints, this is still a grey area to some courts. And professional DUI lawyers understand how to use this kind of defense. When we are retained to prepare our client's DUI case, we know when a police officer or deputy sheriff may have acted against specific legal standards for initiating a traffic stop or making a DUI arrest.
Conduct such as excessive force, deceptive or misleading statements, failure to notify an arrested individual of their rights, or a violation of those rights can be grounds for contesting an arrest and have the DUI charges thrown out of court. Experienced Los Angeles DUI arrest attorneys, like us at Takakjian & Sitkoff can use a range of motions to have DUI charges dropped. We have literally represented thousands of individuals arrested for DUI. As former prosecutors, we know DUI law and the local courts. We recognize improper police procedures and fight to dismiss your case.
For more information on incorrect arrest procedures or Constitutional Rights, contact a highly qualified DUI attorney at Takakjian & Sitkoff at 888-579-4844 for a consultation about your specific situation. We can help you!
DUI Resource Center
- DUI Defense FAQs
- Boating Under the Influence
- DUI Accidents and Who Pays
- Incorrect Arrest Procedure
- DUI and Loss of Income
- DUI and Loss of Transportation
- Multiple DUI Offenses
- Vehicular Manslaughter
- DUI Fines
- DUI Sentencing
- DUI and Loss of License
- California DUI DMV Hearings
- What Police Look for in a DUI Case
- After a DUI Arrest
- DUI Traffic Stops
- Police Mistakes in DUI Arrests
- DUI Accidents
- DUI Fatalities
- Blood Alcohol Concentration
- Breathalyzers
- Field Sobriety Tests – FST’s
- Blood Tests
- Cognitive Tests
- Dexterity - Field Sobriety Tests
- Preliminary Breath Testing
