Call for a free initial Consultation
408-243-1369 408-243-1369

DUI CASE DISMISSED—EVIDENCE SUPPRESSED

A young woman client was followed by a police vehicle for 2 miles. She drove her car for the most part in a normal manner. However, the police officer pulled her over when her right tires crossed over the white dividing line separating the slow lane from the shoulder. The officer stated in his report that he pulled her over for violating Vehicle Code Section 21658(a), faiulure to drive her vehicle as near as practical entirely within a single lane. After obtaining the police car video, it was determined that the young lady’s tires crossed over the line only once for just a few seconds. On cross-examination of the officer at a DMV hearing, the officer testified that there was no other improper driving or weaving, and that the sole reason for pulling her over was a violation of CVC 21658 (a). No other persons or vehicles were endangered. Mr. Provini’s research of cases from several states with similar statutes found that crossing over a line on a single occasion without more does not amount to “failure to drive as near as practical entirely within a single lane”. Such minor deviations without more do not violate this law, and do not justify a car stop. Based on his cross of the officer and his research, Mr. Provini filed and won a Penal Code Section 1538.5 motion to suppress evidence obtained after the illegal stiop, including the results of a blood test showing a .12% blood alcohol level. As a result, the case was then dismissed. The client avoided a criminal conviction for DUI, which would have been her second.