If you were only stopped for a minor traffic
infraction, can this give the officer probable cause to arrest you for
drunk driving?
YES
The original reason the officer stopped you need not be related to drunk
driving. In fact, routine stops for broken taillights, out-dated registration
or even cracked windshields have been upheld as sufficient cause for
San Diego officers to detain individuals and then to check symptoms
for drunk driving. In any given case, your attorney will advise
you if there are grounds to have the case thrown out by the filing of
a motion to suppress the evidence based upon an initial bad detention.
When hiring an attorney to represent you, you should ask what his track
record is, how many drunk driving cases has the attorney successfully
handled in California.
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