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DUI CHARGES DISMISSED FOR DEFENDANT ILLEGALLY STOPPED

By Walin & Klarich

Our firm handled a case recently where a defendant was stopped for Driving Under the Influence in a mall parking lot. The officer cited as the reason for initially stopping the defendant the fact that the defendant ?rolled? through a stop sign posted in the mall?s parking lot ? i.e., our client did not come to a full and complete stop at the stop sign. When the client was stopped, it was determined that he was under the influence of alcohol, and he was arrested. The District Attorney initially offered that our client should plead guilty or no contest to DUI charges and pay a steep fine and attend alcohol classes, and be on probation for three years. After reviewing the relevant law, we found that the Vehicle Code does not impose a duty upon a driver to stop at a stop sign posted on private property...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 05, 2008 (boomark / email).