Wednesday, March 28, 2012

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


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

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