DUI Blogger

Scott Caulfield faces up to fifteen-years in state prison and up to $100,000 in fines for felony charges of possessing a controlled substance and misdemeanor DUI…charges that were based on an anonymous caller’s tip.

The caller reported that Caulfield almost hit her and her husband head-on, causing them to swerve into a ditch to avoid the accident. The caller provided a description of Caulfield’s car as well as his location. With that, officers stopped Caulfield’s car and began a DUI investigation.

This type of investigation seems to go against the reasonable suspicion or probable cause standard that police must otherwise follow before they can initiate a traffic stop. The United States Supreme Court held long ago in Terry v. Ohio that an officer’s “good faith or inarticulate hunches” simply aren’t enough.

Continue reading "Anonymous DUI Tip Could Result in a 15-Year Sentence" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Consequences , DUI Legislation , DUI Stop Probable Cause , News & Information

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It actually depends. Unless there is “pronounced weaving” for a “substantial” distance, witnesses by a “seasoned” officer, the answer will be no. Good news for many California DUI suspects.

This is because many officers will admittedly pull over suspected drunk drivers because they are weaving within their lanes. This, the police believe, is a DUI cue, warranting further investigation.

But courts have held that this does not rise to the level of probable cause that is necessary to pull a driver over for suspected California DUI charges. “Probable cause” means a reasonable belief that criminal activity is or was taking place. With respect to driving, it means that the officer reasonably believes that a driver is or has committed a traffic infraction or violation.

Continue reading "Weaving within a Lane -- Probable Cause for a DUI Stop?" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Stop Probable Cause

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