Ventura County DUI Case Dismissed Because of Improper Traffic Stop
Ventura County DUI attorney Darrell York succeeded in getting a drunk driving case thrown out of court on Januray 30th after convincing the court that the original traffic stop was improper.
The client was stopped for allegedly weaving. He subsequently took a roadside breath test with results of .14 and .15 BAC. He was charged in the Ventura County courts with Vehicle Code 23152 (a) and Vehicle Code 23152 (b) driving under the influence.
Oxnard police had arrested the motorist on August 15, 2008, stating in the police report that he was observed weaving and tailgating. Ventura County DUI lawyer Darrell York cross-examined the officer at a California DMV hearing. The officer gave inconsistent testimony, saying he didn’t observe weaving but that the client was driving in an unmarked bicycle lane—a claim attorney York was able to discredit.
Attorney Darrell York visited the scene of the traffic stop, and discovered that there was no such “unmarked bicycle lane,” as the officer had testified.
In court, attorney York brought a Penal Code 1538.5 motion to suppress all evidence stemming from the traffic stop. The judge granted the motion, and the DUI case was then dismissed.
Prior to becoming a DUI defense attorney, Darrell York worked as a police officer himself and conducted more than 1000 drunk driving investigations. He routinely uses DMV hearings as a vehicle for cross-examining police officers and challenging their accounts of DUI arrests. This litigation tactic has led to some DUI cases being dismissed, and others settled on terms more favorable to the client.
