January 14, 2008 By Wallin & Klarich

So the cop pulled you over while driving. He administered the Field SobrietyTests and then placed you under arrest.

You were a little bit drunk and were cited for a DUI. How did this happen? Well, you might not have seen those illuminated signs asking drivers to report drunk drivers at the local highway, but believe it or not, the majority of DUI cases are phoned in by good Samaritans.

“Joe Schmo called the pigs and Officer Oink was dispatched to the area I was driving” said my client. The officer then immediately pulled the client over. The officer then administered the Field Sobriety Tests and placed him under arrest.

The gentleman hired WK to run a motion to suppress. During the hearing the dispatcher and the arresting officer testified that they received a call from Joe Schmo and the court allowed this testimony pursuant to People v. Orozco.

During cross-examination, Officer Oink related that he witnessed no bad driving and that he pulled Client over because of the tip from Joe Schmo.

Result: CASE DISMISSED for lack of probable cause. Because the client did not commit any vehicle code violations while the officer was tailing him, the judge dismissed the case.

Bottom Line: Don’t drink and drive, but if you do, make sure you have an attorney from WK to represent you.

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