DUI Traffic Stop—You Don’t Always Have To Use Your Turn Signal

Law Offices of EJ Stopyro

Orange County DUI Attorney

“DUI Saturation Patrols” refers to an increased number of police units on the road specifically looking to make DUI arrests. But before the police can pull you over and check you for DUI, they must see you break the law (probable cause). A favorite reason for a saturation patrol to stop you is for failure to use your turn signal. If the police see this, they may pull you over to see if you have been drinking. If you have been, they will perform a DUI investigation—complete with Field Sobriety Tests and a “voluntary” breath-test. This, in turn, can lead to your arrest for on Orange County DUI.

At the Law Offices of EJ Stopyro we have seen this happen many times—people arrested for DUI because of a turn signal violation. California Vehicle Code Section 22107 makes it illegal to turn without giving an appropriate signal. But it’s only if another driver could be affected by your movement.

In the case of People v. Carmona, the driver was driving down a road. A La Habra police officer was driving toward the driver from the opposite direction. When the two cars were about 55 feet apart the driver made a right turn without using his turn signal. The police officer stopped the driver for failing to use his turn signal and eventually arrested him. Although it looked like a slam-dunk case against the driver, his attorney filed a suppression motion. The California Court of Appeal held that because the driver’s failure to use his signal didn’t affect any other driver, the stop was illegal. Since the stop was illegal, the whole case was thrown out.

If you have been arrested for a DUI call the Law Offices ofEJ Stopyro today at (949) 559-5500 for a free telephonic consultation with an experienced Orange County DUI lawyer. Or visit us at www.EJEsquire.com. Even if the case against you looks rock solid, DON’T PLEAD GUILTY without talking to an Orange County DUI lawyer first. What you don’t know can hurt you. 

Law Offices of EJ Stopyro

Orange County DUI Attorney
DUI Lawyer in Orange County

Avoid a DUI—Fix Your Lights

Orange County DUI Attorney Tips
Law Offices of EJ Stopyro
(949) 559-5500

 Any DUI lawyer in Orange County will tell you that when the cops are on patrol and looking to arrest drunk drivers they must have probable cause to believe that you have broken the law before they can stop you. They cannot just pull you over on a hunch—they must first observe a law violation. Once they see a vehicle code violation, they can lawfully pull you over.

A very commonly used reason for law enforcement to stop you to check to see if you are driving under the influence of alcohol (DUI) is that one of the lights on the car they stopped wasn’t working properly. California Vehicle Code Section 24252(a) states: “All lighting equipment of a required type installed on a vehicle shall at all times be maintained in good working order…”.

 This means that if any of the lights on your car, including brake lights, license plate lamps, turn signals, tail lights, parking lights and headlights aren’t “in good working order”, then the police have legal justification to pull you over and possibly conduct a DUI investigation. If you have been drinking alcohol and you get pulled over, you can count on being the subject of a DUI investigation and possibly being arrested for DUI. If you are, don’t answer any questions without calling the Law Offices of EJ Stopyro first.

So what does it mean, exactly, to keep your lights in “good working order”? Well, there are at least two cases that deal with this law. One 9^th Circuit case held that a two-inch crack in your taillight cover constitutes a violation and constitutes probable cause to stop you. A 4^th District, California Court of Appeal case held that if you voluntarily add a supplemental stop light (a third stop lamp mounted in the rear of your car which is not required), then you must also maintain that lamp in good working order. If you don’t, then the cops can stop you and check for a DUI.

 So it’s important to keep ALL your lights in good working order. If you don’t give the police a reason to stop you then you wont have to call an Orange County DUI lawyer to defend you against DUI charges. If you have been arrested for a DUI then call the Law Offices of EJ Stopyro today for a free telephonic consultation.

Law Offices of EJ Stopyro

Orange County DUI Lawyer

Avoid a DUI—Fix Your Lights

Orange County DUI Attorney Tips

Law Offices of EJ Stopyro

(949) 559-5500

Any DUI lawyer in Orange County will tell you that when the cops are on patrol and looking to arrest drunk drivers they must have probable cause to believe that you have broken the law before they can stop you. They cannot just pull you over on a hunch—they must first observe a law violation. Once they see a vehicle code violation, they can lawfully pull you over.

A very commonly used reason for law enforcement to stop you to check to see if you are driving under the influence of alcohol (DUI) is that one of the lights on the car they stopped wasn’t working properly. California Vehicle Code Section 24252(a) states: “All lighting equipment of a required type installed on a vehicle shall at all times be maintained in good working order…”.

This means that if any of the lights on your car, including brake lights, license plate lamps, turn signals, tail lights, parking lights and headlights aren’t “in good working order”, then the police have legal justification to pull you over and possibly conduct a DUI investigation. If you have been drinking alcohol and you get pulled over, you can count on being the subject of a DUI investigation and possibly being arrested for DUI. If you are, don’t answer any questions without calling the Law Offices of EJ Stopyro first.

So what does it mean, exactly, to keep your lights in “good working order”? Well, there are at least two cases that deal with this law. One 9^th Circuit case held that a two-inch crack in your taillight cover constitutes a violation and constitutes probable cause to stop you. A 4^th District, California Court of Appeal case held that if you voluntarily add a supplemental stop light (a third stop lamp mounted in the rear of your car which is not required), then you must also maintain that lamp in good working order. If you don’t, then the cops can stop you.

So it’s important to keep ALL your lights in good working order. If you don’t give the police a reason to stop you then you wont have to call an Orange County DUI lawyer to defend you against DUI charges. If you have been arrested for a DUI then call the Law Offices of EJ Stopyro today for a free telephonic consultation.

Law Offices of EJ Stopyro

Orange County DUILawyer

The Under-21 Year-Old Driver: Many Ways to Lose Your License

Be careful, youngsters. If you are under 21 there are many ways to lose your license besides the obvious one-year suspension for a DUI. The Law Offices of EJ Stopyro deals with many such suspension issues. For example, if you are under 21-years-old and convicted of Vandalism, a judge must suspend your license for up to two years. (V.C. §13202.6)  

In 1984 the Legislature found that people under 21-years-old who abuse alcohol or drugs pose a danger if allowed to drive. Therefore, in order to discourage young people from using or possessing drugs, the Legislature enacted Vehicle Code Section 13202.5. This section requires a judge to suspend your license for one year if you are under 21-years-old and are convicted of any of the following offenses:

• Buying alcohol or drinking alcohol at a store. (B&P Code §25658)
• Attempting to purchase alcohol. (B&P Code §225661)
• Possessing alcohol in any public place, including on a roadway. (B&P Code §25662)
• Being drunk in public. (P.C. §647(f))
• Reckless Driving (V.C. §23103)
• Driving with alcohol in your system. (V.C. §23140)
• Just about any drug offense, including simple possession of less than an ounce of marijuana. (H&S Code §§11000 et. Seq.)

So if you are under 21, be careful before you plead guilty to any of the offenses above. If you are facing any of these charges, call the Law Offices of EJ Stopyro at (949) 559-5500 for a free consultation or visit our website at www.ejesquire.com

The one-year suspension is mandatory. However, if your license is suspended under this law, you can ask the judge for a restricted license based on a critical need to drive. This is not easy to get. The critical need restriction is only available in three situations:

School

If you can show the judge that you attend school and that there is no adequate transportation provided by the school or through public transportation, then a judge can allow you a school restriction. If there is a bus stop within one mile of your residence, then there is adequate public transportation.

Work

This restriction is only available if your income from work is necessary to support your family—not just you. This requires proof that your income is needed for family support.

Medical Necessity

You must show that your family needs you to drive because of an illness of a family member. This must be verified by a doctor.

A critical need restriction is difficult to get and is limited in scope. If you have questions, call the Law Offices of EJ Stopyro at (949) 559-5500 or visit us at www.EJEsquire.com.