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California Appeals and Supreme Court Affirm DUI Charges Followed a Lawful Stop

By Walin & Klarich

People v. Raymond C. (2008 DJDAR 18112) Traffic stop is reasonable where juvenile failed to place temporary operating permit in preferred rear location of vehicle In this companion case to People v. Hernandez (Dec 12, 2008, S150038), the Court concluded that the officer acted with sufficient particularized suspicion to justify the traffic stop. In this case, the officer saw the defendant driving a vehicle without a license plate or a temporary operating permit in the rear window. Otherwise, the car was being driven lawfully. Although there was a temporary operating permit on the front window, the officer could not see this permit when he effectuated the stop. In the course of the stop, the officer noticed the driver was exhibiting objective symptoms of intoxication and subsequently arrested him for driving under the influence...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 03, 2009 (boomark / email).