Reasonable Suspicion

Regardless of whatever your alcohol level after you have been arrested for a DUI in Ventura County, the police must have what is called “reasonable suspicion” to pull you over. While there are situations where people get arrested for DUI in Ventura County without being pulled over by law enforcement, the majority of Ventura County DUI arrests occur after a traffic stop of some kind. With some important exceptions, the Constitution, Bill of Rights, and California case law, prevent law enforcement officers from pulling us over without some valid reason. For the most part, when an officer directly witnesses a vehicle code violation, such as speeding or running through a stop sign, they are permitted to pull you over and issue a ticket for the violation. Many such traffic stops culminate in the driver being arrested for DUI in Ventura County. However, even after a valid traffic stop, officers are only permitted to detain you for so long, and still must have probable cause to arrest, and your Ventura County DUI can be successfully fought if your rights have been violated after the traffic stop. Please click here to contact an experienced Ventura County DUI attorney or call (805)477-0070 to set up your free initial consultation.

Law enforcement officers often pull people over for allegedly driving in some sort of unsafe manner that does not necessarily involve any vehicle code violation. For example, many people arrested for DUI in Ventura County are stopped because the officer claims the person was weaving or swerving. The fact of the matter is that there is often a completely innocent explanation for someone to be weaving, such as fiddling with the stereo, looking for a pack of gum, or having a vehicle with alignment problems. Case law on the subject of weaving authorizes an officer to stop somebody for a pronounced pattern of weaving, with the car crossing from one lane into another repeatedly. The law also provides that if a car is weaving within its own lane, then officers are NOT permitted to pull the vehicle over. The police reports prepared in the average Ventura County DUI are often silent or vague on the extent of the weaving allegedly witnessed by the officer. Whenever our Ventura County DUI attorney reads a report where the reason for the stop is weaving, we file a motion that forces the prosecution to prove that the reason for the traffic stop was valid and lawful. If we are successful in challenging the reason for the stop, then ALL of the evidence against you (click here for a more detailed explanation) will be excluded from your case, and the prosecution will be forced to dismiss the case against you.