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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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