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Driving under the influence of alcohol and drugs in Los Angeles can lead to serious consequences, including the harsh criminal prosecution of the defendant. When it comes to these cases, the focus is on the defendant’s driving conduct. While sobriety tests and chemical results are critical factors, legal experts understand that the evidence of the defendant’s bad driving is a vital aspect when presented to the court.
For a police officer to pull over a vehicle, they must first have reasonable proof that the driver has violated the law. If the vehicle was stopped without any reasonable cause, the defendant can use that evidence to have the case dismissed. However, if the vehicle was stopped for a valid reason – such as a violation of the California Vehicle Code – the driver will need the help of an experienced attorney to navigate the legal process and minimize any potential penalties.
Let’s take a closer look at some of the driving conducts that can lead to DUI cases:
1. Speeding
While many DUI offenders may be pulled over for speeding, studies by the National Transport and Safety Administration have shown that speeding is not necessarily a sign of impairment. Nevertheless, prosecutors and judges often view reckless speeding as a sign of impairment. According to the California Vehicle Code, anyone found driving more than 20 mph over the speed limit on a public road or 30 mph on a highway while under the influence of alcohol or drugs can face speed enhancement charges. This could result in an additional 60 days on top of the sentence.
2. Weaving
Weaving is often associated with DUI cases since it involves a driver not staying in one lane. However, normal driving patterns can be confused with weaving, and many mechanical issues can cause this driving conduct. Faulty steering, underinflated tires, and other vehicle issues can force a driver to weave, and the police must look for evidence of impaired driving before making an arrest.
3. Difficulty pulling over
Drivers who are nervous when pulled over by the police might not pull over correctly, leading prosecutors to assume impairment. However, the driver’s anxiety could be unrelated to impairment, and it is crucial for the defendant to hire a reputable attorney to help them navigate this confusion in court.
If you have been charged with driving under the influence of drugs and alcohol in Los Angeles, you must seek the assistance of an experienced attorney to represent you in court. At Spodek Law Group, we have over two decades of experience in representing DUI defendants and helping them minimize penalties and consequences. Contact us today to learn more.
Driving under the influence (DUI) of drugs and alcohol can have serious consequences for the driver, including prosecution and legal penalties. Understanding the different driving conducts that lead to DUI cases can help drivers avoid these consequences. Here are some common types of driving conducts that lead to DUI cases.
| Driving Conduct | Description |
|---|---|
| Speeding | Driving in excess of 20 mph over the speed limit on a public road or 30 mph on a highway while under the influence of alcohol or drugs |
| Weaving | Not staying in one lane while driving, which may occur due to mechanical or driving issues |
| Difficulty pulling over | Appearing nervous and unable to pull over correctly or safely when signaled by the police |
Speeding is one of the most common driving conducts that can result in a DUI case. While the National Transport and Safety Administration have indicated that speeding is not always indicative of impairment, prosecutors and judges may view excessive speed as a sign of reckless and dangerous behavior. If a driver exceeds 20 mph over the speed limit on a public road or 30 mph on a highway while under the influence of alcohol or drugs, they may face charges for speeding enhancements in addition to DUI charges. These enhancements could result in an additional 60 days on top of the sentence.
Another common driving conduct that can lead to DUI charges is weaving, which involves a driver not staying in one lane. Although weaving is often associated with DUI cases, many mechanical issues, such as underinflated tires or faulty steering, can cause this type of driving behavior. Thus, law enforcement officials must demonstrate reasonable cause for suspecting an individual of driving under the influence before making an arrest.
If a driver appears nervous or anxious when pulled over by the police, they may pull over awkwardly or incorrectly, leading a prosecutor to assume impairment. However, anxiety and nervousness can result from various situations or circumstances, and it is important to have a qualified attorney on your side to differentiate anxiety due to impairment from just being nervous.
If you or someone you know has been charged with driving under the influence of drugs and alcohol, contact Spodek Law Group today. Our experienced attorneys can help you navigate the legal system, reducing the potential penalties and consequences of a DUI charge.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS