About a thousand DUI stops occur every minute around this country, most are lawful and warranted , some are not. In some cases the police pull over a car for some reason that has nothing to do with whether they saw a violation of the law or some suspicion of criminal activity. for example, in one recent case a DUI Attorney in Bakersfield proved that his client was pulled over unlawfully by a CHP officer after leaving a popular bar and nightclub. The officer claimed the car was being driven without any headlights, however, evidence submitted at the DMV hearing in the case rebutted this contention. Counsel for the driver fully investigated the facts and circumstances surrounding the arrest and put together a case that pointed to the fact that the car's lights must have been on at the time.
On the night of the incident, the driver of the car was pulled out, asked to perform FST's and then arrested for DUI. His blood alcohol level was above .15% BAC. He was charged with driving under the influence, his license was confiscated and he spent the night in jail. The Bakersfield DUI Lawyer challenged police report at a formal hearing in the Kern County Driver Safety Office of the California DMV. Evidence was presented that showed the lights on the car were on and counsel argued that the reason for the stop may have been motivated by a "hunch" alone that the driver was intoxicated because he was observed leaving the bar around 2 a.m.
At the conclusion of the case, the hearing Judge decided in favor of the licensee and ordered that his license be returned forthwith. This case underscores a little known problem that underlies the "war on DUI" in this country. While it is logical that all resources possible should be spent to deter and enforce the current DWI laws, it should not be done at the expense of our citizen's fourth amendment rights under the Constitution.
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