I was pulled over and recieved a dui but i feel there was no probably cause for pulling me over i had a crack in my windshield i

Asked over 1 year ago - Hayward, CA

the crack is on passengers side. it did not obstruct my view?

Attorney answers (4)

  1. John Paul Thygerson

    Pro

    Contributor Level 17

    12

    Lawyers agree

    Answered . A cracked windshield is a good enough reason for the police to stop you.

  2. Tarek Shawky

    Contributor Level 9

    8

    Lawyers agree

    Answered . Unfortunately this is a very common situation for many DUI clients. Police will find anything they consider "unlawful" as a reason to pull someone over, and once they contact you, if they believe you consumed any alcohol, they will conduct their DUI investigation. The reasons for the stop are nearly limitless. Stops can be for a cracked window, broken tail light, missing license plate, air freshener hanging from the rear view mirror that is obstructing the drivers view (no joke, it happens a lot), or anything else they can support with the vehicle code. In your case, your attorney would have to provide detailed photos of the entire windshield to prove that the crack was so far from the drivers view that it could not possibly obstruct any portion of your line of sight outside the vehicle such that you're ability to safely operate the car could not be affected. If you think that's the case, it is advisable to hire a skilled defense attorney to file a motion to dismiss by making that case on your behalf, but be advised it is an uphill battle. Judges will often side with the officer's discretion.

  3. Charles K. Kenyon Jr.

    Contributor Level 19

    8

    Lawyers agree

    Answered . Capable CA lawyers have answered. I am chiming in because you can't hire me.

    A cracked windshield is, by itself, a law violation in most states. Many officers will not pull someone over for that except at "bar time" or if they want an excuse to stop someone. You can go for months with a cracked windshield around here without getting stopped, so long as you only drive during the day and look like you belong where you are driving. This is what is often called a "pretext" stop; but our US Supreme Court has given its blessing to such stops.

    That the stop was legal and you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence

    Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

    Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

    After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

    You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

    That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.



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  4. Michael Korry Bialys

    Contributor Level 13

    4

    Lawyers agree

    Answered . will pull you over for a cracked windshield so you're going to have to defend on this it may be worth your while to consult with an attorney

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