At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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What Are An Individual’s Rights Related To Search And Seizure At A DUI Traffic Stop?

Once someone has been arrested, the police can search their person and vehicle. They will often conduct an inventory search, which involves writing down every item in the vehicle as a protective mechanism in the event that an item goes missing after the vehicle has been towed. The police claim that inventory searches are only done in order to protect the defendant, but what they’re really doing is searching for evidence of alcohol or drug use. They will also claim that they need to search the trunk of the vehicle for the safety of the tow truck driver, just in case, there’s something illegal or explosive in it.

As evidenced multiple times and broadcasted in the media, the police have been known to plant incriminating evidence in suspects’ vehicles in order to carry out and justify arrests. This is one reason why it is important to pass the attitude test and not be confrontational with officers; one never knows when and how they might anger the wrong type of officer.

For more information on Rights Related To Search & Seizure, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

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Aaron Bortel
With 30 years of specialized experience in DUI defense, Attorney Aaron Bortel is a dedicated advocate for those facing DUI charges in the Bay Area. Committed to helping clients avoid jail, save their driver’s licenses and jobs, and prevent permanent criminal records, he combines deep legal expertise with genuine care for his client's welfare. Trust in a lawyer who not only defends but truly supports you through challenging times.

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