Whats his chance of wining

My brother was pulled over by CHP presumably driving slow. He went through the
breathlizer and blood test but did not show any evidence of using any susbstance,
but the took him to jail any way on DUI charges. Need advice if I can jibe a lowyer
and Winn it. The only reason I can think off for pulling him over is because of the
color of his skin.

Asked on November 10, 2018 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The difficuty here is to prove that discrimination was the sole reason for the stop. The fact is that driving too slowly constitutes grounds for being pulled over. So the stop appears to be legal. That having been said, since the breathalyzer and blood test and did not show any evidence of using any substances but your brother was arrested anyway, you may have a claim regarding the arrest itself. At this point, you should consult directly with a local DUI attorney who can best advise further once they have reviewed all of the details of the case.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It may be very hard to win, because driving too slowly is grounds to pull someone over; therefore, it may be difficult to establish that the stop was solely due to his skin color. It may be easier to fight the charge on the grounds that, as you state, there is little or not evidence to support DUI. Retain an experienced DUI attorney to help your brother; such a lawyer will know how to challenge the validity and strength of any evidence.

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