DUI First Offense - Monrovia, CA. 8-3-2014

[keechee1]

What is the name of your state (only U.S. law)? California

Here is my story - first offense never involved with anything like this before. Clean driving record, 25 years old, male.

1. Received ticket August 3, 2014 at 3:28am
2. Rookie cop supervised by senior officer
3. Ticket has 3 entries on it: 1. VC 23152A; 2. VC 23152B; VC22100A (Improper Turn).
4. Put through the tests, felt I did well, then given breathalyzer, it said 1.15 (ticket says .08 PERSE [whatever that means])
5. Arrested. In the Other portion of the ticket (bottom part) it shows a booking number BK# and then the number.

What do I do now? Was the reason they stopped me for this improper turn entry, giving cause to pursue other items?

Please advise. Do I have a chance to fight this and get dismissed? How much will I have to spend to pursue? Can I get a public defender to defend me? Can I find out ahead of time the last time the breathalyzer was serviced? Will this do any good?

Thank you.

 

[CdwJava]

What is the name of your state (only U.S. law)? California

Here is my story - first offense never involved with anything like this before. Clean driving record, 25 years old, male.

1. Received ticket August 3, 2014 at 3:28am

You had either had over an hour to come down off of the alcohol, or you were at a private party and had continued drinking up until soon before the stop.

2. Rookie cop supervised by senior officer

Okay.

3. Ticket has 3 entries on it: 1. VC 23152A; 2. VC 23152B; VC22100A (Improper Turn).

Ultimately, ONE of those 23152 offenses will be dropped. Since it appears you have a BAC of .115, you will likely face the 23152(b) offense.

4. Put through the tests, felt I did well, then given breathalyzer, it said 1.15 (ticket says .08 PERSE [whatever that means])

Almost everyone thinks they did well on the tests. Most people do NOT know what the officer is looking for in the test, and one fo the first things to go with alcohol is one's sense of judgement. And, a BAC of .08 is not the so-called "legal limit," it is the "per se" limit where you are legally presumed to be impaired.

5. Arrested. In the Other portion of the ticket (bottom part) it shows a booking number BK# and then the number.

Okay.

What do I do now? Was the reason they stopped me for this improper turn entry, giving cause to pursue other items?

Yes, they are allowed to investigate suspected DUIs.

As for what to do, you need to consult an attorney ASAP. If you cannot afford one, the court will appoint one.

Please advise. Do I have a chance to fight this and get dismissed? How much will I have to spend to pursue? Can I get a public defender to defend me? Can I find out ahead of time the last time the breathalyzer was serviced? Will this do any good?

On the face of it, I don't see how you can beat it. And to argue that the equipment is faulty or the officer ill-trained can be expensive. If your attorney cannot find fault with the detention (the stop) or the arrest, then it might take $10-15,000 to TRY to make a technical argument. In all honesty, most DUIs plead out.

 

[keechee1]

Reply to DUI First Offense - Monrovia, CA. 8-3-2014

VC22100A (Improper Turn). Since this is most likely the reason they are using for stopping me in the first place, if I disprove or suppress this, will the other entries be disallowed and thus dismissed? Is this not considered Probable Cause, and if the Probable Cause is dismissed, I never would have been stopped? Please help me understand. I am seeing a lawyer Monday afternoon. Thank you.

 

[CdwJava]

VC22100A (Improper Turn). Since this is most likely the reason they are using for stopping me in the first place, if I disprove or suppress this, will the other entries be disallowed and thus dismissed?

In theory, yes. But, all they need to justify the detention is "reasonable suspicion" to believe that you committed the violation. Even if found "not guilty" of that violation, it does not stand to follow that the DUI would necessarily be suppressed.

22100. Except as provided in Section 22100.5 or 22101, the driver of any vehicle intending to turn upon a highway shall do so as follows:

(a) Right Turns. Both the approach for a right-hand turn and a right-hand turn shall be made as close as practicable to the right-hand curb or edge of the roadway except:

(1) Upon a highway having three marked lanes for traffic moving in one direction that terminates at an intersecting highway accommodating traffic in both directions, the driver of a vehicle in the middle lane may turn right into any lane lawfully available to traffic moving in that direction upon the roadway being entered.

(2) If a right-hand turn is made from a one-way highway at an intersection, a driver shall approach the turn as provided in this subdivision and shall complete the turn in any lane lawfully available to traffic moving in that direction upon the roadway being entered.

(3) Upon a highway having an additional lane or lanes marked for a right turn by appropriate signs or markings, the driver of a vehicle may turn right from any lane designated and marked for that turning movement.​

Is this not considered Probable Cause, and if the Probable Cause is dismissed, I never would have been stopped? Please help me understand. I am seeing a lawyer Monday afternoon. Thank you.

Probably cause is the burden of proof to justify an arrest, not a detention. A detention (the traffic stop) requires a very low burden of proof. If the officer had an articulable belief that you had committed a violation of the Vehicle Code, the stop is good.

 

[keechee1]

Thank you for your replies.

Now, let me add another detail regarding the Improper Turn VC22100A. The officer stopped me in another town as we were right on the border. If the observed action happened in the other town, does the officer from town A, have the right to come after me in town B, and say on the ticket the observed event happened in town B when they are cops who work in town A? What would make this a bad stop?

 

[Just Blue]

What is the name of your state (only U.S. law)? California

Here is my story - first offense never involved with anything like this before. Clean driving record, 25 years old, male.

1. Received ticket August 3, 2014 at 3:28am
2. Rookie cop supervised by senior officer
3. Ticket has 3 entries on it: 1. VC 23152A; 2. VC 23152B; VC22100A (Improper Turn).
4. Put through the tests, felt I did well, then given breathalyzer, it said 1.15 (ticket says .08 PERSE [whatever that means])
5. Arrested. In the Other portion of the ticket (bottom part) it shows a booking number BK# and then the number.

What do I do now? Was the reason they stopped me for this improper turn entry, giving cause to pursue other items?

Please advise. Do I have a chance to fight this and get dismissed? How much will I have to spend to pursue? Can I get a public defender to defend me? Can I find out ahead of time the last time the breathalyzer was serviced? Will this do any good?

Thank you.

Px Hx...

 

[CdwJava]

Thank you for your replies.

Now, let me add another detail regarding the Improper Turn VC22100A. The officer stopped me in another town as we were right on the border. If the observed action happened in the other town, does the officer from town A, have the right to come after me in town B, and say on the ticket the observed event happened in town B when they are cops who work in town A? What would make this a bad stop?

The officer has the lawful ability to enforce the law for any public offense committed in his presence in the state of CA. Provided both towns are in the same county, there should be nothing wrong with an officer from town A citing for a violation he observed in town B. But, if the officer from Town A observed a violation in Town A and then followed you into Town B - even in a different county - then his cite for the observed offense in Town A would also be valid.

Your reaching for straws, here. Did you commit the alleged turning violation, or not? If NOT, and there is no reason that some other reasonable officer would have concluded that you made an unlawful turning movement or other violation to justify a stop, then the detention might get tossed. But, this is exceedingly rare and highly unlikely in this scenario.

 

[keechee1]

The officer has the lawful ability to enforce the law for any public offense committed in his presence in the state of CA. Provided both towns are in the same county, there should be nothing wrong with an officer from town A citing for a violation he observed in town B. But, if the officer from Town A observed a violation in Town A and then followed you into Town B - even in a different county - then his cite for the observed offense in Town A would also be valid.

Your reaching for straws, here. Did you commit the alleged turning violation, or not? If NOT, and there is no reason that some other reasonable officer would have concluded that you made an unlawful turning movement or other violation to justify a stop, then the detention might get tossed. But, this is exceedingly rare and highly unlikely in this scenario.

Thank you the quick and thorough replies.

Not reaching for straws just providing additional details to complete the picture as to the totality surrounding the circumstances. I was in the right lane (2 lanes plus a left turn lane) and made a right turn. Prior to this occurring the police officer had driven past me, I will say it again driven past me going in the other direction and then made a U turn, caught up to me (now following me) then I made the right turn, and his lights then came on and I pulled over. Again, his lights came on after I made the turn while in the other city. What could have possibly caused him to make this U turn and come after me since nothing wrong had occurred. I was the only car in the area at apx 3:30am on Sunday morning. I also had a person in the car with me who will back up this truthful event. I just think the police made up a reason to stop me to justify what followed. Again, why did they make the U turn to catch up to me if I was just driving, then made a lawful right turn in the other city, then they put the lights on and I pulled over. How can this be reasonable? Please advise as this is all the truth, not the bending or altering of it.

 

[CdwJava]

Not reaching for straws just providing additional details to complete the picture as to the totality surrounding the circumstances. I was in the right lane (2 lanes plus a left turn lane) and made a right turn. Prior to this occurring the police officer had driven past me, I will say it again driven past me going in the other direction and then made a U turn, caught up to me (now following me) then I made the right turn, and his lights then came on and I pulled over. Again, his lights came on after I made the turn while in the other city. What could have possibly caused him to make this U turn and come after me since nothing wrong had occurred. I was the only car in the area at apx 3:30am on Sunday morning. I also had a person in the car with me who will back up this truthful event. I just think the police made up a reason to stop me to justify what followed. Again, why did they make the U turn to catch up to me if I was just driving, then made a lawful right turn in the other city, then they put the lights on and I pulled over. How can this be reasonable? Please advise as this is all the truth, not the bending or altering of it.

As I have no idea what the officer saw, I cannot possibly answer the question. The reason he pulled you over will be in the police report. Your attorney will be able to obtain a copy of the report as part of discovery. I am sure he will go over it with you.

 

[quincy]

keechee1, I have sent a private message to I_Got_Banned so he would know that you want him to respond to your questions here (although it appears you have already received good answers from CdwJava).

It is better to not tack personal messages for forum members onto other people's old threads, for several reasons. One, it detracts from the original poster's questions and, two, reviving older threads is frowned upon on this forum and, three, they probably won't see it.

You might wish to activate your private message feature, in case you want to contact a member in the future. Thanks.