Can the police pull you over for no reason and give you a DUI?
Question Details:I was pulled over by the police and was not informed as to why the stop had been made. As a result of the stop I received a DUI. On the citation that I was given it lists the DUI violation but it makes no mention as to why I was stopped in the first place. No other infraction is on the citation. i.e. busted tail light or license plate light. The citation also states that I was driving at a safe speed and not recklessly. Did the police have reasonable suspicion to stop me in the first place? Can I use the citation as proof of an invalid stop to have my case dismissed or reduced? I feel that I was profiled. Do I need a DUI attorney? I'm in San Mateo County, CA.
The police need reasonable suspicion that you have or are in the process of committing a crime. It is good practice to always ask the police officer for the basis for the stop so you can hold the officer to it in the event his report is different. You have the right to move to dismiss the case on the basis that the stop was unlawful. You may use the citation as well as any other evidence, including the police report to fight the case. Indeed, you may have a fact finding hearing to cross- examine the police officer that stopped you to determine whether there was reasonable suspicion. The officer will lie of course, but you can use the report and the ticket to show that he is lying and the ticket and police report may be inconsistent. Hire a lawyer to help you here. Depending on whether there are programs you can apply for (if you are a 1st offender) you may want to spend the money to fight this.
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