Recent Cases Which May Be Helpful In Your Defense Of A CALIFORNIA DUI
- State v. Homan: Field Sobriety Tests not allowed to establish
probable cause unless done correctly.
- Knowles v. Iowa: Officers may not search beyond what is necessary
for officer safety in a routine traffic stop.
- U.S. v. Lambert: A defendant was seized while agents held his
driver's license for 20 minutes.
- U.S. v. Buchannan: The defendants were seized when the troopers
separated them from their vehicle.
- U.S. v. Mitchell: A defendant retains his priveledge against
self-incrimination through sentencing.
- Florida v. J.L.: A seizure can not be made based on an
uncorroborated anonymous tip.
- Solovij v. Gourley: Perhaps the most important case in California for
winning at the DMV. This case prevents the DMV from curing defects in
the sworn probable cause statement by using the unsworn police report.
- Nelson v. City or Irvine: established for the first time that an arrestee has a constitutional right to choose a breath test and that the police cannot compel a blood test from a driver who wants a breath test, except under unusual circumstances.