Contesting the Stop in DUI Cases
Our Firm Utilizes Cutting-Edge Defense Strategies
The police officer pulled you over, tested your blood alcohol content (BAC), and arrested you because the test showed you were over the legal limit. End of story, right? At Campbell Whitten, we know better. Our award-winning DUI lawyers know that it is possible to successfully challenge even the cases that seem airtight. By utilizing creative legal strategies, investigating every lead and potentially helpful piece of evidence, and consistently going the distance for our clients, we have obtained favorable results for countless individuals facing DUI charges.
Many are unaware that a strong defense can be built on something as basic as the initial traffic stop. Was the police officer’s behavior inappropriate? Did they follow protocol? Did they properly carry out every element of a DUI investigation? We’ll use the answers to these questions to counter the charges against you. The sooner you get our Bakersfield DUI lawyers involved, the better it will be in the long-run.
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Reasonable Suspicion, Probable Cause, and their Impact on Your Case
In California, the law states that a police officer must have reasonable suspicion that you violated a law (for example, speeding, expired tags, failure to use indicator light, weaving) before they can stop your vehicle. This means that there must be a reason for the stop and without one, the stop is considered illegal. Unfortunately, most drivers don’t know this and assume that all police stops are lawful. This is far from the case and is why it is so important to closely evaluate the circumstances surrounding your police stop.
While these reasons for stopping someone certainly seem valid, digging deeper below the surface may reveal the opposite. It is possible to obtain footage from the in-dash camera in the patrol car so you can see exactly what the officer saw. As a result, our firm may find that there is no way the officer could have had any suspicion of your alleged intoxication.
After the stop, the officer must have probable cause to arrest you for driving under the influence or driving with a BAC above the legal limit.
Officers may base their probable cause to arrest you on any or a combination of the following:
- Performance on Field sobriety tests
- Whether or not you were drinking
- The result of a pre-arrest breath test (preliminary alcohol screening (PAS) test)
Without evidence, a case is considered faulty and this can result in a dismissal. We know that the earlier we involve ourselves in the case, the more truth we are likely to get from the arresting police officer. The last thing you want to do is assume that the officer is in the right – mistakes can be made and our firm is committed to exposing those mistakes to achieve favorable results.
Fight for Your Rights with a Bakersfield DUI Attorney
Going up against the criminal justice system on your own can be intimidating and you may feel that there is no hope of a successful outcome. This is why you need the legal team at Campbell Whitten on your side. Our DUI lawyers work hard to stay on the cutting edge in an area of criminal defense that is frequently changing and subject to constantly-evolving laws and scientific study that continue to have an effect on the way DUI cases are prosecuted and defended.
Our dedication to keep up with and strategically adapt to these changes enables us to utilize creative strategies that many other firms would never consider. We work together as a unified team to get you the results you need in a timely fashion.
DUI charges can permanently impact your future, but we are ready to fight for you, helping you put this behind you once and for all. Get in touch with us today for 24/7 availability from aggressive criminal defense advocates.