DMV WIN BASED ON BOTCHED DISTURBANCE CALL

Recently, I received notification from the DMV regarding the Driver Safety Officer's decision regarding the outcome of the dmv hearing for one of my clients. We were notified that the DMV was setting aside the suspension of my client's license, in other words we won!! The reason we won was based on the fact that the officer did not have reasonable suspicion to detain my client. This particular vehicle stop occurred in Merced, CA. The officer, from the California Highway Patrol (CHP), testified that he responded to a disturbance regarding suspects fighting at a house in a residential neighborhood. The officer said that he observed my client's vehicle on the street where the particular disturbance occured. He stated that my client's vehicle was stopping and starting and that my client's head was out the window. The officer stated that he detained my client because of his "strange" driving pattern. When asked whether he was conducting a stop to check on the "welfare of the driver" he said that he didn't know!! Based on this patently illegal traffic stop the DMV hearing officer had no choice but to give my client's license back

Contact Michael E. Mitchell today for a free consultation, (559) 222-2424.


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