Nicole Valera – Criminal Defense

Fighting the system, one case at a time…

I was pulled over for a DUI…


…no, I didn’t get arrested.  But I do think that the universe is trying to tell me something – this is the 3rd time in the past 6 months that I have been pulled over for a DUI.  The first two times were the result of a DUI checkpoint.  And no, I’m not driving around the streets drunk out of my mind trying to get arrested.   I thought being a criminal defense attorney would bring interesting insight to this topic and wanted to share it with you.

Saturday night, a friend of mine had a party to celebrate finishing a triathlon.   She lived close by but not within cabbing distance so I agreed that I would be the designated driver.

We get to the party between 8-9pm.  I had some snacks, but didn’t eat too much as I had eaten a big dinner at around 7.  I had one beer – an Amstel Light to be exact.  My other friends were drinking, we were all having a good time, congratulating the triathlete and hanging out.  I did not consume any more alcohol.

At around midnight the party starts to thin out.  A couple people decide to go to a nearby bar and they invite us.  Myself and my friend (whose car I’m driving) decide to meet them over there.  My friend has another beer and we call it a night at around last call.

We stop and get some late night McDonalds (ugh, I know), and head home.  I stop at a red light at an intersection which serves as the border between two cities.  I look in my rearview and see a patrol vehicle.  He’s not lit up.  I tell my friend there’s a cop behind us.  She’s not too worried since she knows I’m fine and I haven’t been drinking.

The light turns green and I cross the intersection from one city into the next.  The minute I hit the other side of the street, I see the lights flashing in the rear view.  I signal to pull over and he directs me over the loud speaker to pull into a side street and off the main road.  I do so.  I put the car in park, roll down the windows and place both hands on the steering wheel.  

The officer comes up and shines his flashlight in my face.  I had Lasik surgery a few years back so my eyes are sensitive to light.  I flinch a bit and he asks for my drivers license.

Me: My license is in my purse which is in the backseat.  I’m going to reach back and get it.

Officer: Ok. (He shines the light in the back seat where my purse is.)

I open my wallet up and smack dab right next to my ID is my bar card.  He’s shining the light into my wallet (probably looking for contraband that isn’t there).  I pull the ID out.  I have no idea if he sees the bar card. Nor am I about to trot it out.

Officer: I need your registration and insurance as well.

My friend opens up her glove compartment – he shines a light into the glove compartment.  It’s chock full of papers.  She’s having problems locating the registration.  She has the insurance.

Officer: I pulled you over because you were weaving within your lane.  And because your back brake light is out.

Me: I wasn’t aware of the brake light – this isn’t my car.

UHHHHH, I WASN’T WEAVING!  And even if I was, weaving *within* my lane is not illegal.  It’s when those tires cross the lines that weaving becomes a problem.

Me: We picked up McDonalds and I might have reached for a french fry.

I am careful not to make an admissions, although, really would it have mattered? I can just imagine how the police report would’ve read, “Suspect admitted to weaving as she was reaching for a french fry.

Officer: Have you been drinking?

Me: I had a beer between 8-9pm.

Silence.  I’ll admit my heart pounded a bit.  Would I get to do the FST’S?!?  Would he pull me out of the car??

Officer: Ok, well, you’re not drunk, so I’ll let you go. I won’t write you a ticket, but get that tail light fixed.

Me: Thank you, Officer.

So what did we learn here?

1.  Don’t ask questions – most police officers I talk to tell me that annoys them.  The “What’s this about, Officer??” question probably gets under their skin.  Let them ask the questions.

2.  Check your friends brake lights before you drive her car to a party.  I’m kidding, but not really.  Small traffic infractions (failed to signal, running a stop sign, etc) and car malfunctions are the easiest form of probable cause to pull you over.

3.  Don’t drink and drive!  Although, technically, as I say in my voir dire, drinking and driving itself is not illegal.  Driving while under the influence (Ca Vehicle Code Section 23152(a)), and/or driving with a blood alcohol content above a .08% (Ca Vehicle Code Section 23152(b)) in California IS illegal, however.  It’s a nuance that is important if you have a client whose blood alcohol content is below the .08% but they are still charged with the (a) count.

Anyway, it was a fascinating experience.  Next week I have jury duty – and I’m sure that it will be fascinating as well.  Of course, I probably won’t get picked, but one can dream, no…?

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November 10, 2010 Posted by | DUI | , , , , , , , , , , , , , | Leave a comment

   

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