Recently in DUI - Unlawful Police Stop Category

If you have ever been pulled over for a drunk driving violation, you may have been victim of an unlawful DUI stop.  However, most people are unfamiliar with the law, and so do not know when they are being taken advantage of.  Two recent DUI stops in northern California are great examples of people who may have been victims of an unlawful police stop without their knowledge.

• In Merced, a "routine" drunk driving stop turned into a brief manhunt.  A 24 year old man escaped handcuffs and fled from California Highway Patrol officers.  The car driven by the young man was allegedly weaving and tailgating other drivers according to the CHP officer.  They suspected the driver was driving under the influence, put the man through a sobriety test and determined he was in violation.  The officers had to coral the man more than once to finally get him into cuffs and into the back of the squad car.
• In another case in Salinas, police officers arrested an intoxicated man after he fled a stolen vehicle.  The driver allegedly showed "signs of intoxication" and suddenly fled on foot after being sought by police.  The officers used their tasers on the man when he walked towards them allegedly ignoring their commands. 

An unlawful police stop will sometimes result over the course of a DUI arrest and charges filed in court.  The only way to thoroughly examine whether or not you have been the victim of an unlawful DUI stop is to utilize the skills of an experienced Los Angeles DUI Defense Attorney such as those at Kestenbaum Eisner & Gorin, LLP.  At our law firm, you will receive top of the line legal representation from attorneys with over 50 years of combined experience. 

Any time you have been pulled over, there are certain procedures that police must follow.  They must have a reasonable excuse for pulling you over, such as claims that you were: swerving, speeding, driving recklessly, ignoring traffic laws, etc.

If you feel you have been the victim of an unlawful police stop, contact the Los Angeles DUI Defense Attorneys at Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570 today.

Call us today for your free initial consultation.

The Los Angeles DUI Defense Attorney team at Kestenbaum Eisner & Gorin, LLP has decades of experience with drunk driving charges in and around Los Angeles.  Many people have witnessed their relatives and loved ones arrested during a potentially Unlawful Los Angeles DUI Stop, with no idea how to prevent it.

NBA superstar Amar'e Stoudemire of the Phoenix Suns had to watch is mother get arrested this weekend during the playoff series with the Lakers.  Stoudemire's mother, Carrie, was pulled over for allegedly driving erratically and was eventually placed in handcuffs for refusing to take a field sobriety test.  After Amar'e arrived at the potentially Unlawful DUI Stop, his mother got aggressive.  The woman allegedly has a long history of alcohol abuse.

When a DUI Defense Attorney examines any Unlawful Los Angeles DUI Stop, he will pay special attention to the way the officers operated and the reason they gave for the initial stop.  Officers might claim that the defendant was driving erratically, speeding, driving too slow, weaving in and out of traffic or some other reason.  A skilled Los Angeles DUI Defense attorney can expose an Unlawful DUI Stop by examining the behavior and notes of the officers in question.

If an officer does not have proper cause, he or she cannot pull someone over.  If police did not need proper cause, they could just pull people over or arrest people for no reason whatsoever.  A skilled, experienced drunk driving Defense Attorney will make sure that every Unlawful Los Angeles DUI Stop is brought to light and the client is exonerated.  For those who feel they have been pulled over illegally, only a lawyer with decades of knowledge and experience can provide the kind of top notch legal defense they will need before and during trial.

At Kestenbaum Eisner & Gorin, LLP, we work with people on a regular basis who have been charged with, accused of or arrested for drunk driving during an Unlawful Los Angeles DUI Stop.  Our Drunk Driving Defense Attorneys can and will expose every inappropriate action the officers in your case take.  With over 50 years of combined experience in Unlawful Los Angeles DUI Stops, we can provide the necessary legal representation to provide you with the defense you need.  Contact our offices today at 877-781-1570 if you or someone you love has been charged with a drunk driving crime in or around Los Angeles.

Whenever a police officer performs a Los Angeles DUI Stop, he or she has to perform certain tasks and abide by a specific procedure.  Whenever a DUI Defense Attorney examines a drunk driving charge, he will look at how the police or California Highway Patrol behaved during the Los Angeles DUI Stop.

However, there are times when officers are unfortunately risking their lives due to the violent behavior of an alleged criminal.  In Santa Monica, a police officer was shot during a Los Angeles DUI Stop.  Officers later wounded the shooter after an extensive dragnet.  Officers pulled over a sport utility (SUV) near the intersection of Pico and Lincoln Blvds.  Soon after the SUV was pulled over, the passenger jumped out of the black Nissan and opened fire.  Although officers returned fire, the driver managed to escape; he was later arrested.  The officer was shot in the abdomen and is believed to be in good condition. 

Any Los Angeles DUI Stop is an opportunity for the police to arrest someone simply for driving erratically.  California Highway Patrol officers and police officers will pull drivers over for:

• Swerving
• Speeding
• Driving recklessly
• Driving too slow
• Ignoring traffic laws
• And much more

After being pulled over, officers at a Los Angeles DUI Stop can administer a Field Sobriety Test or a Breath Test.  A sobriety test might include walking a straight line, touch the finger to the nose, saying ABC's, counting backwards, etc.  A breath test will involve blowing into a breathalyzer to determine the driver's blood alcohol content.  Neither of these tests are particularly trust worthy, and the courts will not even allow DUI Defense Attorneys to examine the science behind breath tests!

If you have been pulled over for a Los Angeles DUI Stop, you need a skilled and experienced DUI Defense Attorney to represent you.  At Kestenbaum Eisner & Gorin, LLP, our lawyers understand the courts, drunk driving laws, prosecutors and how the police conduct investigations.  We can thoroughly analyze your situation and provide top notch criminal defense to anyone charged with or arrested for drunk driving during a Los Angeles DUI Stop.

Any Los Angeles DUI Defense Attorney will tell you that the police must have proper cause for pulling you over for a DUI check.  Also, any DUI Checkpoint must abide by specific laws designed to protect the general public from being unjustly pulled over and arrested on a drunk driving charge in Los Angeles.

For example, in Whittier, they have announced that there will be a DUI Checkpoint from Friday at 7:00 PM until Saturday at 1:00 AM.  In order to set up DUI Checkpoints, police and law enforcement officials must announce them in a newspaper as well as set up the checkpoint in an area where there are alternative routes for the public to travel upon. 

Unlawful Police Stops in Los Angeles can often lead to DUI arrests, which will lead to jail time, fines, probation, mandatory AA classes, loss of license and much more.  However, without a skilled Los Angeles DUI Defense Attorney, being able to investigate the incident for an Unlawful Police Stop will not be possible.  Only a skilled defense lawyer will know the laws, the regulations for law enforcement and how best to defend you if you have been unjustly pulled over.

In order for the police to pull you over for a DUI stop, they must have observed some sort of behavior that justified their decision - otherwise it is an Unlawful Police Stop.  Poor driving behavior can include:

• Swerving
• Speeding
• Driving recklessly
• Driving too slow
• Etc.

If the police cannot prove they had just cause to pull you over, then the charges brought against you are null and void.  Even if you failed a breath or blood test, you should be exonerated of the charges brought against you.  While this might sound like encouraging news, you can only be cleared of any charges if a skilled Los Angeles DUI Defense Attorney is defending you, making sure that every area of the law is being exhausted in your defense.  A court appointed attorney may be too overloaded to properly perform his or her task, and defending yourself will probably not be an option.

If you or someone you love has been charged with a DUI and you believe he or she is the victim of an Unlawful Police Stop in Los Angeles, contact Kestenbaum Eisner & Gorin.  Our Los Angeles DUI Defense Attorney team is skilled at providing top-notch DUI Defense.  Call us at 877-781-1570.

If you are stopped for a DUI in Los Angeles, it is important to remember that you are innocent until proven guilty and you do not have to plead guilty.  A Los Angeles DUI defense attorney will aggressively fight for your freedoms and rights in court, but it's important to follow certain steps if you are indeed pulled over.

• The first thing you should do at a Los Angeles DUI stop is be polite and pleasant with the officer.  Don't think you can just yell at an officer without any repercussions.  Any Los Angeles DUI attorney will tell you that obeying the officer's commands and politely responding to his or her questions will help down the road.
• Be careful with the questions you answer.  If an officer asks you questions during your Los Angeles DUI stop, you must remember that "anything you say can and will be used against you in a court of law."
• It is important to remember that you are obliged to take any blood tests or breath tests the officer offers you.  If you refuse, you could be in danger of losing your license on the spot.
• Immediately contact a competent Los Angeles DUI attorney.  If you are pulled over at a Los Angeles DUI stop, you should immediately contact a Los Angeles DUI defense attorney once the officer pulls away.  Do not wait too long, or you may forget vital details.

Anytime police officers pull you over, they must have reasonable cause to believe you are committing some sort of crime.  When you are stopped for DUI, the officer must have first observed some type of behavior that would cause one to reasonably suspect the driver was under the influence of alcohol or drugs.
If you or a loved one has been pulled over at a Los Angeles DUI stop, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin.  Our decades of combined experienced and successful track record of winning cases has helped many people charged with a Los Angeles DUI.

Los Angeles DUI roadblocks, or Los Angeles sobriety checkpoints, are sometimes set up on a public road by police to stop all vehicles, or to stop vehicles according to a specific pattern, to check drivers for driving under the influence.
The United States Constitution says that unreasonable searches and seizures of U.S. citizens are prohibited, which may cause people to question the legality of these checkpoints. In one case, the Michigan State Supreme Court found these roadblocks unlawful. But it became a split decision, whereby the U.S. Supreme Court concluded that properly conducted checkpoints are legal. It still stands as a split decision - eleven states do not abide by the U.S. Supreme Court's decision. These states consider Los Angeles DUI checkpoints unlawful. However, the California Highway Patrol has set up organized Los Angeles Sobriety Checkpoints in order to "diminish the amount of pain, suffering and death that result from drunk driving." The State of California has deemed these checkpoints legal.
Despite the fact that there are legal Los Angeles sobriety checkpoints, there are a number of situations in Los Angeles that constitute unlawful police stops. The legality of police stops can be contested not only by the driver, but by the passengers in the car. Each person has the right to challenge the constitutionality of the police stop. If you think you were pulled over because of your appearance, ethnicity, or just to see if you have been drinking, you may have been the victim of an unlawful police stop. Unlawful DUI stops often occur in areas around clubs or bars during the late night and early morning hours. If you were pulled over without providing probable cause, you may have reason to fight your charges.
Probable cause for an officer to pull you over include behaviors such as speeding, swerving or driving recklessly, ignoring traffic signs or lights, or driving too slowly. You may also be stopped at an established Los Angeles DUI sobriety checkpoint. In order for your traffic stop to be legal, the police officer must prove that you were pulled over for a valid reason, or probable cause.
A DUI conviction can cost up to $7,000 or more in fines and penalties, DUI education, storage fees, and insurance costs. Of course, you can also be jailed, put on probation, and have your license suspended. If you believe you were the victim of an unlawful police stop, you need the help of Kestenbaum Eisner & Gorin LLP to plan your defense. Call (877) 781-1570 today to fight your unlawful police stop in Los Angeles today.

Driving under the influence stops by Los Angeles police just got a little more complicated. Los Angeles DUI defense attorneys are taking a close look at a recent Supreme Court decision that may radically change Los Angeles DUI defenses. Legally, a police officer has to have what's known as "probable cause" to pull you over for driving under the influence of either drugs or alcohol. What that means is that he or she must actually see you driving badly or breaking some traffic law. They are not allowed to pull you over simply because you have a really nice car and you are young.

Up until recently, if a Los Angeles law enforcement officer arrested you for driving under the influence, he or she could also legally search your car for under the pretense that they where securing their safety. The thinking goes that if a suspect has a weapon of some type in the car, he or she may grab it and use it against the arresting officer. In the process of searching your car, if police found anything else inside, such as drugs, alcohol or actual weapons, their findings could be presented against you in court, making a conviction much more likely. Los Angeles DUI defense lawyers have seen cases turn from DUI arrests to weapons charges and more.

A recently decided court case, Arizona v. Gant, is going to change all that. Rodney Gant was arrested in 1999 after Tucson, Arizona police were tipped off that he was driving on a suspended license. They handcuffed Gant and sat him in the back of the police cruiser. They then proceeded to search the car he had just driven up in, which happened to hold a plastic baggie full of cocaine and a weapon. Gant was charged with possession of both drugs and drug paraphernalia and convicted. Gant appealed the decision, claiming that since he was already secure in the back of the police cruiser, he posed no threat to police officer's security and they should not have legally searched his car.

Sounds like splitting hairs, right? Well, Gant appealed all the way to the United States Supreme Court and they agreed with him. They overturned his three year prison sentence and set new legal precedence for police search and seizure. Now Los Angeles police can only search a suspect's car only if the suspect still has access to the car, or if police have "reasonable cause" to believe that the car has evidence relevant to the arrest. Los Angeles DUI defense attorneys have now another avenue to defend their clients, which will benefit may Los Angeles residents.

They cannot pull you over for a traffic violation and automatically search your car for drugs or alcohol unless they have a really good reason. Tiny details like this can mean the difference between a prison sentence and walking free. A good criminal defense lawyer knows that.

If you have been charged with driving under the influence of drugs or alcohol, call the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin, LLP today to begin preparing your defense.

Throughout Los Angeles, countless DUI stops happen every day, and some of them end worse than others. Los Angeles DUI defense attorneys are not just your last line of defense against drunk driving charges, but they may also be your only chance to stay out of prison. While police are investigation a DUI, you or the police may act in an unfortunate manner, and the ensuing chaos could lead to a felony charge, tremendous fines and years in prison.

For example, in Sylmar, police were following a vehicle near Glenoaks Blvd. suspecting the driver was committing a DUI crime. Police say the suspect's vehicle crashed and two men got out of the car and started shooting at the officers. The officers returned fire, but say no one was hit. One man who allegedly shot at police officers is still at large today, but another suspect is in custody.

An unlawful police stop will sometimes result in a DUI arrest and charges filed in court. If this has happened to you, our DUI law firm will defend the violation of your constitutional rights. When demonstrated in court, an unlawful stop may result in your case being dismissed or your charges dropped. The DUI attorney must prove that the traffic stop was unreasonable, in violation of prevailing statutes and case law.

Anytime police officers pull you over, they must have reasonable cause to believe you are committing some sort of crime. When you are stopped for DUI, the officer must have first observed some type of behavior that would cause one to reasonably suspect the driver was under the influence of alcohol or drugs. This behavior may include:

• Swerving
• Speeding
• Driving recklessly
• Driving too slow
• Ignoring traffic laws
• Taking a corner too quickly
• Ignoring a stop sign or traffic light
• Weaving repeatedly within your lane or between lanes
• Driving without your headlights off after dark
• Another vehicle code violation

This type of behavior provides "reasonable cause" for an officer to pull you over. Oftentimes, officers may not have reasonable cause to stop you, rather they stop you on the chance you have been drinking - which is unconstitutional and violates your rights. These stops may occur at specific times, especially on holidays or after 2 a.m., when most bars and clubs throughout Los Angeles close. Also, officers may "cherry-pick," or patrol, areas surrounding bars and clubs at closing time, selectively stopping cars without sufficient legal cause.

Being pulled over by a law enforcement official while driving can be an intimidating experience, especially if you have been drinking. When a Los Angeles DUI defense lawyer takes a DUI case, they usually have to review what went wrong during a DUI stop.

While it is not a crime to have a few drinks and then eventually drive yourself home, it is a criminal offense to drive while still under the influence of alcohol or while intoxicated. If you have been stopped on suspicion of driving under the influence, especially of alcohol, here are 5 things Los Angeles DUI defense lawyers would want you to keep in mind:

1. TheLos Angeles officer pulling you over must have a reasonable suspicion of a crime being committed. The Fourth Amendment to our Constitution makes it illegal for law enforcement officials to pull people over for no reason at all. In the case of DUI, the officer must have seen you driving erratically or dangerously before he or she pulls you over. If there is no evidence of impairment, then the officer made an unlawful stop.

2. The Los Angeles law enforcement officer must have a reasonable suspicion of you being intoxicated to charge you with driving under the influence of drugs or alcohol. Make sure that all your movements are precise and controlled. When asked for your driver's license , proof of insurance and vehicle registration, control your nerves and do not fumble around looking for them. Doing so may make you appear intoxicated or otherwise incapacitated.

3. The officer who pulled you over may perform a battery of test known as Field Sobriety Tests (FSTs) to determine if you are impaired or intoxicated. The National Highway Traffic Safety Administration has developed specific guidelines as to how these tests are to be administered, and if they are not administered correctly, FST results may not be admissible evidence in a court hearing against you. Many law enforcement vehicles have a dashboard-mounted video camera that will record you interaction with the officer. Bear in mind that many FSTs results are also highly subjective in nature. Balance and memory, which are both often tested as indicators of sobriety, can be impaired by things other than alcohol such as being tired or ill.

4. Breath analysis machines can often give inaccurate readings. Many breath analysis machines must be recalibrated often for them to function correctly. They are also, at best, an estimate of the level of alcohol in your bloodstream. The most accurate way to determine your blood alcohol concentration (BAC) is with a blood test. You may politely decline a breath analysis test and request a blood test if you choose.

5. Be polite and calm! Many, many times an officer may decide to give you a pass if you are polite and do not appear to be intoxicated. Being silly, loud, belligerent, rude or extremely nervous will only make the officer more suspicious.

Take notes on what happens when you have been pulled over by a law enforcement official. Many cases are lost and won in the details. Law enforcement officials have very specific guidelines as to how they can charge you with DUI and what kind of evidence they can use against you in court. An experienced Los Angeles DUI defense attorney will fight for the best possible results.

The Los Angeles DUI Defense Lawyers at Kestenbaum Eisner & Gorin LLP understand firsthand the problems of proof prosecutors frequently encounter in proving DUI charges, because they have personal experience prosecuting DUI cases as former lawyers for the Office of the Los Angeles City Attorney and the Office of the Los Angeles County District Attorney.