DUI if I was not given ticke for traffic infraction?
Question: I was arrested for DUI in Reseda, CA. Initially the officer said I was pulled over for weaving, but he did not issue me a ticket for that. Can I get the DUI charge dismissed since he failed to write me a ticket for the traffic infraction?
Answer: In California, officers generally do not issue tickets for the traffic infraction that initially gave rise to the stop (which led to the DUI investigation and arrest). Basically, if they arrest you for DUI, they don’t worry about writing up a ticket for the traffic infraction. Although, they do need probable cause to pull you over in the first place. I would highly recommend that you contact a DUI attorney as soon as possible to discuss your situation in more detail. Call me to discuss further.
Sincerely,
Phil Hache
DUI & Criminal Defense Lawyer