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THE POLICE PULLED ME OVER FOR SPEEDING & THEN CHARGED ME WITH DUI.  CAN THEY DO THAT?

Posted by Freddie Alikhani | May 04, 2023

DUI

Yes.  If the police make a valid traffic stop for any reason, they can arrest you for DUI if they find "probable cause" to do so once they pull you over.  However, speeding is not indicative of DUI, so there must be other grounds for your arrest.  Perhaps your eyes were red, or your speech was slurred, which may have led the arresting officer to perform field sobriety tests (FSTs) on which you performed poorly. 

But, even if your traffic stop and arrest were both legal, there still are several ways to challenge your DUI charges. 

About the Author

Freddie Alikhani

Freddie Alikhani, Esq. Freddie Alikhani earned his Juris Doctorate from the Santa Barbara & Ventura Colleges of Law with a concentration in Family Law. After graduation, Freddie had the distinct pleasure of serving one year for the Honorable Judge Brian Hill at the Santa Barbara County Superior...

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