Can a ca cop stop my car for a DUI if someone in a store called the police to say they thought I had been drinking.

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The person in the store never saw me drink and never saw me drive. As soon as I was backing out of the parking spot the cop stopped behind me. The cop did not say he was pulling me over for a traffic violation. The person in the store was never called over to identify me. Can a traffic stop occur because of heresay? After I was taken into custody at the police station the blood test did show I was over the limit. The cop did not say I was breaking any traffic laws nor was anything wrong with my car. Can a judge dismiss this because there was no probable cause for the stop.

Attorney Answers

3
Hart Levin ·
It sounds like the officers did not have any legal cause for the stop. A witnesses statement can be sufficient if there is enough detailed information given to officers to reasonably identify you. The officers can't pull over anyone who matches a vague description of the witness's identification. You may have grounds for a suppression hearing here. Call me if you'd like an explanation about how the process works. What court is this in? My number is 310-935-3100.
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Kevin King 1911367.Html ·
So it seems whether there are grounds for a suppression hearing or not will hinge on the detail with which the store employee described you and your vehicle when calling the police. The officer obviously stopped the right guy and based on your own admission, the clerk was correct in suspecting that you had been drinking. I'd be interested to know what transpired inside the store that led the employee to call the police in the first place.
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