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FREE CASE EVALUATION
Recent Cases Which May Be Helpful In Your Defense Of A San
Diego DUI
State v. Homan: Field Sobriety Tests not allowed to establish
probable cause unless done correctly.
Knowles v. Iowa: Officers may not search beyond what is necessary
for officer safety in a routine traffic stop.
People v. Redderson: Consent for a search my not be obtained by
coercion, deception, duress, promises, threats, intrusive conduct or
undue influence.
People v. Carlson: An officer must have probable cause to order a
driver to take roadside sobriety tests. Otherwise consent must be
voluntary.
U.S. v. Lambert: A defendant was seized while agents held his
driver's license for 20 minutes.
U.S. v. Buchannan: The defendants were seized when the troopers
separated them from their vehicle.
U.S. v. Mitchell: A defendant retains his priveledge against
self-incrimination through sentencing.
Florida v. J.L.: A seizure can not be made based on an
uncorroborated anonymous tip.
Solovij v. Gourley: In order for the California DMV to
properly suspend your privilege to drive in California the police
report that they use must have a probable cause statement (the reason
you were arrested for a DUI).
In addition, this must be "sworn" as the truth by the officer who
submitted the report. Many times the report submitted does not have
a sufficient probable cause statement.
This case holds that the DMV cannot cure defects in the sworn probable
cause statement by using another unsworn police report. This case is
critical to retaining your privilege to drive in California.
Nelson v. City of Irvine: Defendant's have constitutional right to choose a breath test. Police cannot compel a blood test from a driver who wants a breath test, except under unusual circumstances.
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