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Probable Cause to Arrest2018-04-04T10:09:15+00:00



Probable Cause To Arrest

In order for an officer to make a DUI arrest after a traffic stop, the officer must have evidence that amounts to probable cause. Although many stops do lead to a DUI arrest, a stop is distinguishable from an arrest in that the amount of evidence necessary to support an arrest is higher than the reasonable suspicion needed to stop a motor vehicle.

In some instances, valid traffic stops have been deemed excessively intrusive and California DUI courts have found such facts to be equivalent to arrests. California courts have allowed officers to detain an individual long enough to run a license, vehicle registration, and a warrant check within the scope of a valid traffic stop. Several factors are relevant in determining whether a police encounter is a stop or an arrest:

  • The length of time of the stop
  • The location of the stop
  • The conditions of the prolonged detention

California DUI Attorneys

Under California DUI law, a person may be considered to be held in custody if a “reasonable person” under the same circumstances would not feel free to leave. If a California DUI court determines that an individual was “in custody” or if an officer actually places an individual under arrest, then probable cause must exist. California DUI law defines probable cause as the degree of suspicion sufficient to justify the invasion of privacy that is inherent in a seizure. It must be substantial suspicion, but less than proof beyond a reasonable doubt.

The elements of probable cause to arrest are:

  • Probable cause to believe that an offense was committed
  • Probable cause to believe that the person to be arrested committed the offense
  • Without probable cause, a DUI arrest is unconstitutional. In some instances, California drunk driving cases have been dismissed as a result of an overly intrusive stop or arrest. Our  experienced lawyers can examine the facts of your case and determine if the arresting officer had probable cause to arrest you.
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Dan P.
Thank you Kirk. You guys are top notch. Kept me informed on everything that was going on with my case and I didn’t have to show up in court once. Got my case dismissed, now I can move on. I would recommend this law firm to anyone that wants a fair shake.
I had a difficult case that I was trying to fight from outside the state it was turned down twice. Once by the DA, and the second time by the judge, they continued to fight for me, and got the results I was looking for. They really do care about their clients and will not stop fighting till they get you the results you want.
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I couldn’t be happier with the service we received. From the very beginning I could tell that these lawyers knew a lot about DUI cases and throughout our court days they went above and beyond to make sure we were prepared for whatever might come our way. They definitely prepare you for the worst but get you the best. They covered every single base and we got an amazing outcome. I would recommend them any day.
I want to thank Bobby, Kirk, and the entire staff. They recalled my warrant and got my case dismissed in no time. They answered my concerns and took me step by step in the process. I didn’t even have to appear in court. They represented me and took care of my case all the way. Thank you!!!
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Good attorneys are hard to find! Bobby Shamuilian actually represented me with my best interest at heart. He gave it his all and because of that my case is being dismissed today. This firm is most definitely the best one to have if you need a criminal attorney. God forbid I ever need a criminal defense attorney, I would not even consider anyone else to represent me. Absolutely an amazing attorney!!!!! THANK YOU!!!!
I had the pleasure of working with Kirk, and his office regarding my DUI case. I was originally charged with 2 felony counts (vehicle codes 23153A & 23153B). Kirk’s office was very professional and was able to negotiate with the District Attorney get my conviction reduced to a 1 count misdemeanor. Throughout the whole ordeal of two court dates, he and staff was available for any of my questions and concerns.
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Neckole S.
I found myself facing a DUI and scared to death. From the very start of the initial consultation, Attorneys Kirk Tarman and Bobby Shamuilian put me at ease. They handled my DMV Hearing and the court proceeding and truly fought for me. They were always attentive to my phone calls and emails, keeping me informed. They were able to get me a reduced charged so that I do not have a DUI on my record. I am so thankful to have retained them for my case.
Got my case dropped from a felony to 2 misdemeanors to having everything dismissed. Justice has been served, nothing more I could ask for! Many thanks Patty, Kirk and Bobby!
Rod R.


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