Orange County DUI Lawyer

DUI Attorneys in Orange County

An Anonymous Tip Can Be Used To Stop You

Drivers are encouraged by freeway signs to “report drunk drivers”. And case law now says that an anonymous tip can be sufficient probable cause for the police to pull you over for DUI. Prior to 2006, if an anonymous tip were the basis of a DUI traffic stop, DUI Lawyers in Orange County could have the case thrown out if the police officer did not himself see a traffic violation that constituted probable cause. In People v. Wells (2006) 38 Cal.4^th 1078, the police received and broadcast information from an anonymous tip of “a possibly intoxicated driver weaving all over the roadway”. The DUI tipster also gave a description of the suspect vehicle. A police officer saw the vehicle and pulled it over. The police officer never saw any weaving or “bad driving”.

The California Supreme Court held that there is a “public safety” exception to the requirement that a police officer must observe a law violation before detaining a motorist. The Court said that a drunk driver is similar to a mobile bomb and that public safety concerns, balanced against an individual’s 4^th Amendment rights, would justify a brief DUI detention by the police. However, the Wells court said that there were three requirements before an anonymous tip can provide reasonable suspicion to justify a DUI traffic stop:

1)      First, the person giving the tip must sufficiently identify the vehicle and its location to ensure that the same vehicle is stopped;

2)      The tipster must have actually witnessed a traffic violation that compels an immediate DUI stop; and

3)      At least the innocent details of the tip (i.e. color of vehicle, number of occupants, etc.) must be corroborated by the officer.

If these criteria are met from the tipster, then the anonymous tip will be upheld as sufficient probable cause to conduct a DUI traffic stop.

If you have been arrested for DUI in Orange County and would like to know if you could get your charges reduced or dismissed call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an Orange County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

Orange County DUI Attorney