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21. The Detention Was Too Long Or Unreasonable Resulting In An Unlawful Arrest |
DUI Traffic Violations | Aggressive DUI Defense | LA County DWI Attorneys | Challenge FSTs
The Detention Was Too Long Or Unreasonable
Resulting In An Unlawful Arrest
When an
officer stops a person suspected of DUI, the officer must conduct a prompt
investigation into the facts, and make the decision to arrest within a
reasonable time. In the absence of an
accident investigation or other valid reason, if an officer stops a DUI suspect
and holds the suspect for an unreasonable time (45 minutes or more) without
starting an investigation and making the arrest decision, A court may find that
the prolonged detention was in fact an arrest without probable cause. This would be an illegal arrest. If a Judge agrees that the detention was so
prolonged as to be an illegal arrest, the entire DUI case will most likely by thrown
out of court.
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