How a San Francisco DUI Attorney Can Help Your DUI Defense

Posted on October 23, 2015

Handcuffs

If you have been charged with a DUI, our San Francisco DUI attorney may be able to help you. For example, you may have been charged with a DUI after being arrested due to information a tipster sent to the police. Someone may have seen you drinking and reported it, leading to you being pulled over and then arrested even if you were not committing any traffic violations. A San Francisco DUI Attorney may be able to help you determine if the tip resulting in your arrest was legal. Due in part to how popular cellular telephones have become, the highways and roads of the nation have become like a giant neighborhood watch system. Because of this, there are many cases where the DUI stop was precipitated by a tip submitted by another person. In some cases, the tipster or informant will have identified themselves to the police, but in many cases, the informant’s tip will have been anonymous.

Anonymous Informants

The police treat tipsters who identify themselves with more credibility than anonymous tipsters who do not want anyone to find out they turned someone in. In either instance, the issue is that the informant may not have conveyed accurate or reliable information. The driver is not pulled over because of his behavior or because of what the police observed, but because someone else called and offered information that may or may not be valid. However, even if the informant is known and is not anonymous, the information he gives to the police must be sufficient to warrant a legal DUI stop. For example, there was a case in Utah where the defendant’s girlfriend called and reported a nonviolent domestic dispute. The intoxicated girlfriend told the dispatcher that her boyfriend had been drinking and was now on the road. The dispatcher made a mistake by broadcasting that the defendant was not just drinking, but was actually intoxicated. A police sergeant found the defendant, who was not committing any traffic violations. The police pulled him over and eventually arrested him for driving under the influence. The Utah Court of Appeals found the tip was insufficient to support a detention because the caller did not actually say that the driver was intoxicated.

Contact a San Francisco DUI Attorney

Contact Silveira Law at (415) 795-3890 to speak with a San Francisco DUI attorney about your case.