Law Offices of Gabriel H. Avina

Los Angeles Personal Injury and Criminal Defense Lawyers


Wednesday, March 13, 2013

Judge Sandra Thompson Dismissed 2nd DUI because 4th Amendment Violation!

Today, Judge Sandra Thompson of the the Torrance Courthouse granted a 1538.5 Motion to Dismiss for a police officer's unreasonable search and seizure.  By doing this, Judge Thompson confirmed all of our rights against overzealous police officers who think they can pull you over just because you drift in your own lane.   She affirmed that you do in fact have a reasonable expectation of privacy. 

Specifically, my client was not speeding, and after spending several months attempting to obtain the video footage from the patrol car, I argued a motion that displayed how the only reason that the officer pulled over my client was because of a slight drifting within his own lane.  Guess what?  This is not illegal.  This is not a basis to stop a driver. 

Unfortunately, most lawyers won't file and argue a 1538.5 Motion to Dismiss as part of their normal representation.  I do.  Some lawyers might even charge a lot more money for this type of motion.  I don't.  This is why you should call Law Offices of Gabriel H. Avina before deciding which lawyer to represent you. 

The case law that I argued was People v. Perez (1985) 175 CA3d Supp. 8, 221 CR 776.  Perez concluded that in such cases where no traffic laws have been violated, a stop will be justified in California only where the weaving within the lane is “pronounced” and occurs over a substantial distance.

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