Motion to Dismiss DUI Granted for Client Based on Bogus Stop

A few months back, I won a motion to suppress hearing for my client based on the fact that the Fresno Police Department Officers stopped my client for abrupt braking allegedly in violation of Vehicle Code section 22109. However, 22109 says that braking shall be done by giving the proper signal- which is a brake light!! My client's vehicle had a properly working brake light. At the hearing, the Fresno PD officer testified that my client braked for no reason that he could observe, however, on cross-examination I locked in the fact that the sole reason for the stop was the alleged violation of 22109 braking abruptly without giving the right signal. Based on the fact that my client braked by giving the proper signal via his brake light, the motion to suppress was granted and the district attorney had no choice but to dismiss the case. This was actually the second time I won a motion to suppress on this issue. The last one was in Porterville, California last August

- Mike Mitchell.


visit Mike Mitchell at http://www.calduilaw.com/ or duicentralvalley.com
to learn more about how the Law Offices of Michael E. Mitchell defends drunk driving cases in Fresno, California and the entire central valley.