Monder Law Group - News
What to do if you fall asleep behind the wheel and arrested for a DUI in San Diego
There has been a warrantless arrest and wake up in jail. Now What? The community caretaker doctrine allows officers to act in certain instances to help distressed citizens. Basically you are being arrested to protect you from yourself! Hopefully this makes little sense to you as it does to an experienced defense attorney. We believe you have a fourth amendment protection from unreasonable search and seizures from officers especially if you are sleeping in your own car and minding your own business.
I am going to provide information in the context of drunk driving with the engine running and headlights off with the driver sleeping in the vehicle. The officer most likely knocks on the window and then opens the car door where the defendant is in an intoxicated state. As an experienced criminal and DUI defense attorney it is our position that the officer should not have entered your vehicle given the nature and level of distress exhibited by the individual, the location of the individual, and lack of danger to himself or herself. If you plan to hire an experienced DUI criminal attorney, then the first thing that will happen is that we will prevent any evidence from coming into court from the moment that officer opened the door. Filing a suppression motion with the court does this. We will cross-examine the officer in such a way that will suggest that the officer was overreaching in making an arrest when you were never a danger to yourself.
Typically the officer must have probable cause based on his own observations of the incident. The fact that the officer did not see the defendant driving and there is no corroborating evidence to suggest driving is enough for an experienced criminal defense attorney to get the DUI dismissed in your case.
If you have any questions about your arrest feel free to contact Attorney Vik Monder who is an experienced criminal and DUI Defense Attorney in San Diego. You can reach him at anytime at 619.405.0063 or visit San Diego Criminal Defense Attorney