Long Beach DUI Attorney Talks About Illegal Stops for not Signaling

The laws in California can often be complex and difficult to understand, even for law enforcement and Courts.  One ripe area of misunderstanding has been when a police officer can pull someone over for failing to signal.  One recent Court has helped to clarify the law which is often used to stop people for suspected DUI.  According to Long Beach DUI Attorney Matthew Ruff, the applicable vehicle code section pertaining to turn signals (V.C. 22107) provides, “No person shall turn a vehicle . . . until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement a motorist must continuously signal during the last 100 feet traveled before turning, but only in the event other motorists may be affected.
Indeed, the Fourth Amendment‟s protection against unreasonable searches and seizures dictates that traffic stops must be supported by articulable facts giving rise to a reasonable suspicion that the driver or a passenger has violated the Vehicle Code or some other law.”  The police must not stop citizens without observations of criminal activity and reasonable suspicion requires only that “the detaining officer can point to specific articulable facts that considered in light of the totality of the circumstances, provide some objective manifestation that the person detained may be involved in criminal activity.  In many DUI cases, cops will say the officer did not use a signal but this may not constitute a violation, if the stop is illegal than the subsequent DUI arrest can be thrown out, it is strongly recommended that a lawyer be consulted to discuss whether your rights may have been violated.

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