DUI BAC .12/.13 - Motion to Suppress Evidence Granted - Case Dismissed
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By
Steve Escovar
I appeared at the Torrance courthouse where I filed a "Motion to Suppress"
evidence on behalf of a client that I believed was illegally detained
by a police officer. My client was allegedly driving with excessively
tinted windows. We argued that the degree of tint visible on my client's
car was not sufficient, by itself, to justify a detention. The judge agreed.
The evidence obtained after the detention was excluded and the case was
completely dismissed! This ruling saved my client form suffering a DUI
conviction. He had been charged with Driving Under the Influence of Alcohol
in violation of Vehicle Code secitons 23152 (a) and (b). He had given
breath samples that read BAC .12/.13. Great result!