Motion to Suppress - Vehicle Code Sections 22349 & 22350 - Basic or Prima Facie Speed Laws & Maximum Speed Laws

This is Part VIII of the web series dedicated to Motions to Suppress in the State of California that was previously published only to my Google+ Following; which is now available through my blog on Google Blogger.

Part VIII of this series focuses on California Vehicle Code Sections 22349 and 22350 - basic or prima facie speed laws and maximum speed laws and which types of speeding constitute an actual violation of law and which do not.

Motion to Suppress - Temporary Registration Stickers & Permits

This is Part VII of the web series dedicated to Motions to Suppress in the State of California that was previously published only to my Google+ Following; which is now available through my blog on Google Blogger.

Part VII of this series focuses on Temporary Registration Stickers and Permits and which types of registration stickers and permits constitute a violation of law and which do not. 

Where a temporary permit is affixed to the window of a vehicle and the police officer can see it, he may not stop the motorist simply because he believes that such permits are often forged or otherwise invalid. People v. Hernandez (2008) 45 Cal.4th 295, approving People v. Nabong (2004) 115 Cal.App.4th Supp. 1 (officer’s experience in discovering that most permits are invalid did not validate detention).

However, where an officer observes a vehicle being driven without license plates or a temporary operating permit in the rear window, he is not required to drive to the side or front of the vehicle to determine if a permit is affixed to the front windshield prior to detaining the motorist. In Re Raymond C. (2008) 45 Cal.4th 303; People v. Dotson (2009) 179 Cal.App.4th 1045 is in accord.

Motion to Suppress - Vehicle Code Section 23109 - Exhibition of Speed & Speed Contests

This is Part VI of the web series dedicated to Motions to Suppress in the State of California that was previously published only to my Google+ Following; which is now available through my blog on Google Blogger.

Part VI of this series focuses on California Vehicle Code Section 23109 - Exhibitions of Speed and Speed Contests and which types of driving constitute a violation of law and which do not. Remember, not all cases involving speeding constitute a violation of the Exhibition of Speed Laws found under Vehicle Code Section 23109 as the essence of violations for CVC Section 23019 requires showing off with excessive acceleration.

Motion to Suppress - Vehicle Code Section 22400 - Impeding Traffic or Driving Too Slowly

This is Part V of the web series dedicated to Motions to Suppress in the State of California that was previously published only to my Google+ Following; which is now available through my blog on Google Blogger.

Part V of this series focuses on California Vehicle Code Section 22400 - Impeding Traffic or Driving Too Slowly and which types of driving too slowly are a violation of law and which are not. Remember, not all cases involving driving under the speed limit constitute a violation of Vehicle Code Section 22400(a).

Motion to Suppress - Vehicle Code Section 26708 - Tinted Windows or View Obstructions

This is Part IV of the web series dedicated to Motions to Suppress in the State of California that was previously published only to my Google+ Following; which is now available through my blog on Google Blogger.

Part IV of this series focuses on California Vehicle Code Section 26708 - Tinted Windows or View Obstructions and which types of tinted windows are a violation of law and which aren't a violation of law. Remember, not all cases involving tinted windows constitute a violation of Vehicle Code Section 26708.

Peter F. Iocona & The SoCal Law Network: Orange County DUI Attorneys, Orange County DUI Lawyers

My most recent blogs and posts about motions to suppress can be found on our Orange County DUI Lawyer website that focuses on the types of DUI Discovery you should expect your Orange County DUI Attorney to obtain in connection with defending you against an Orange County DUI Charge.

If you or anyone you know has been charged with a DUI in Orange County, California, or anywhere within Southern California, contact an experienced DUI Attorney like Peter F. Iocona and the DUI Defense Lawyers of The SoCal Law Network for a free Orange County DUI Consultation and Case Evaluation.

Motion to Suppress - Vehicle Code Section 22107 - Failure or Failing to Use a Turn Signal

This is Part III of the web series dedicated to Motions to Suppress in the State of California that was previously only published to my Google+ Following; but is now also available through my blog on Google Blogger.

Part III of this series focuses on California Vehicle Code Section 22107 - Failure to Use a Turn Signal. Most people erroneously believe that all incidents of failing to use a turn signal constitute a violation of California Vehicle Code Section 22107; but this is not really the case, as a signal is only required if you affect the movement of another driver.

Motion to Suppress - Vehicle Code Section 21658(a) - Weaving, Lane-Straddling

This is Part II of the web series dedicated to Motions to Suppress in the State of California that was previously only published to my Google+ Following; but is now also available through my blog on Google Blogger.

Part II of this series focuses on California Vehicle Code Section 21658(a) - Weaving or Lane Straddling. Most people erroneously believe that all incidents of weaving or lane straddling constitute a violation of California Vehicle Code Section 21658(a); however, this is not true, as not all incidents of weaving or lane straddling constitute an actual violation of this statute.

For instance, in U.S. v. Colin (9th Cir.2002) 314 F.3d 439, the Ninth Circuit Court of Appeals held that a traffic stop for an alleged violation of Vehicle Code Section 21658(a) was unlawful because there was neither “pronounced weaving,” nor a “weave for a ‘substantial distance’”; rather, the vehicle simply “touched the right fog line and the center yellow line each for 10 seconds, after legitimate lane changes”. In Colin, the officer also cited CVC § 21658(a) as a basis to detain the defendant, but the Colin Court rejected this contention based on the following reason:

Touching a dividing line, even if a small portion of the body of the car veers into a neighboring lane, satisfies the statute’s requirement that a driver drive as “nearly as practical entirely within a single lane”…

As the above-referenced excerpt demonstrates, not all forms of weaving or lane straddling are objective violations of California Vehicle Code Section 21658(a). 

If you were stopped for an alleged violation of California Vehicle Code Section 21658(a), Weaving or Lane Straddling, contact Peter F. Iocona and the Orange County DUI Attorneys from The SoCal Law Network today for a free consultation and case evaluation by calling: 949-305-0343 or by completing our Orange County Confidential DUI Consultation Form.

Motion to Suppress, Motions to Suppress - Orange County DUI Lawyer

Over Labor Day Weekend in 2014 I released a web series about DUI/Sobriety Checkpoints, which covered the following subject areas relating to DUI Checkpoints:

• An Overview of DUI Checkpoints
• The Evolution of DUI Checkpoints & Roadblocks
• The Neutral Mathematical Formula Requirement
• The Time and Duration Requirements
• The Advanced Publicity Requirement
• Detentions for Avoiding a DUI Checkpoint

This year I wanted to do a web series on another important topic relating to a Driving Under the Influence (DUI) Charge so I decided to write a web series about Motions-to-Suppress in Orange County, California and throughout the State of California. 

The first webpage in the web series focuses on what a motion to suppress is and how it has become one of the most effective means of obtaining a great outcome to a DUI case. It provides a broad overview of what a motion to suppress is and some of the most often used violations law enforcement officers "stop and detain" any driver to permit them to begin a DUI Investigation.

As discussed in the web series, when the question of the legality of an arrest or search and seizure is raised, the Defendant makes a prima facie case of illegality when he establishes that the arrest was made without a warrant, or that a search and seizure was made without a warrant.  Thereafter, the burden rests on the People to show proper justification, meaning, that the stop and detention were lawful and that the arrest was therefore lawful.

The issue concerns whether there is a valid justification for the stop and detention. Case law has established that in order for there to be a "valid" reason for a stop and detention, there must an "objective violation of law", specifically the California Vehicle Code. Absent such an objective violation of law, the stop and detention may be considered unlawful and thus, the motion will be granted; in which case the DUI charges will be dismissed as the prosecution would therefore be unable to proceed in light of the suppressed evidence.

This web series will cover specific law violations and the elements that are required for an objective violation of those specific law violations. For instance, not all forms of weaving are considered objective violations of CVC-21658(a) - Lane Straddling - and not all instances of failing to use a turn signal are objective violations of CVC-22107. These and many other law violations will be issued in subsequent installments of this web series.