Got my first DUI last year (5/5/12), I was just arrested for a second DUI, but was pulled over because cop said I cut him off.

Asked over 1 year ago - San Jose, CA

I was leaving a parking lot with my GF, waited for cars to leave from stop light, I pulled out and drove 10 ft because the light turned red. all of a sudden cop was on me like white on rice. as soon as light turned green, he pulled me over. he asked why he pulled me over, I said I didn;t know, he said I cut him off.?? I did not he was more than a block away. he then said he thought he saw people in my backseat trying to hide. (only my GF and I were in the car). at that point he asked if I had been drinking, asked me to do a field sobriety test, I passed, I blew a .07 twice. But he arrested me anyways because I had a first DUI and was on probation. is there a chance this second DUI can be dropped and instead get a violation of probation charge?

Attorney answers (3)

  1. Michael Jon Fremont

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . you really need to get a good DUI warrior in San Jose the violation of
    probation is appointment 01 standard the DUI can be charged even though 07.
    If you're successful in contesting the Stop everything goes away an
    experienced DUI lawyer will know how to handle this case

  2. Leigh Gretchen Fleming

    Contributor Level 12

    2

    Lawyers agree

    Answered . Was your first DUI out of San Jose? Given the reason the officer gave for pulling you over, San Jose will more than likely charge you with driving under the influence of alcohol, the "a" count. It also sounds like further investigation is necessary as to the reason the officer pulled you over. San Jose DA's can be a bit stubborn/challenging, so I strongly recommend you consult with a DUI attorney in that area. I practice there, and offer, like many, free consultations.

  3. Stephen Troy Allen

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I agree.. was it CHP who initiated the stop? They usually have "video" of the stop. An attorney may want to file a suppression hearing under 1538.5. Also, hire an attorney now and they will help by attempting to prevent this case from even being filed. The DA can as mentioned proceed on the VC23152(a) count as well if they believe you were impaired. Good luck and get an attorney! The DMV will likely set aside any suspension at this time but you need to set the hearing.

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