Los Angeles Criminal Attorney Blog

Drunk-driving charges have been filed against Los Angeles County’s City Administrative Officer, the top budget adviser at Los Angeles City Hall. An LA Times article reports that the suspect was arrested in Covina on March 26, 2010 while driving home from a charity event. According to the Los Angeles District Attorney’s office, the defendant had a blood alcohol of 0.15%, nearly twice the legal limit. He was initially stopped for speeding, but was ultimately arrested after failing a field sobriety test. He is presently scheduled to be arraigned on one misdemeanor count each of driving under the influence and driving while having a blood-alcohol level of higher than .08 percent.

In the State of California, a law enforcement officer must have a reason to pull a driver over. In order to arrest you for a California DUI, an officer must have credible or probable cause to do so. "Probable cause" means a sensible belief that criminal activity is or was occurring.

Therefore, in order to stop or arrest you for a California DUI, an officer must have a rational suspicion that criminal activity is or was happening. Probable cause must exist at each stage: the initial stop, the ensuing investigation, and the ultimate arrest. If you retain a Los Angeles DUI defense attorney that can prove that probable cause didn't exist during any one of these stages, your DUI charges could be reduced or dismissed, and certain evidence excluded from trial.