Thursday, February 07, 2008
Temporary registration issues in San Diego DUI cases
San Diego CAlifornia DUI lawyer cases involving temporary registration as PC:
Brendlin v. California, 551 U.S. ___, 127 S. Ct. 2400; 168 L. Ed. 2d 132
(2007), plus, the original 3rd DCA case is helpful (now de-published - but
available - due to review by CA Supremes). A traffic – passenger -
detention case. (Brendlin is back before the CA Supremes and now must deal
with the DMV temp registration sticker issue.)
People v. Hernandez (2007) 146 CA4th 773; 53 CR3d 66. A traffic detention
case that follows Brendlin, supra, but (Note:. though a very good defense case,
the opinion has been superseded and, thus, de-published by a grant of review
by the CA Supremes on 3/21/07) Here, the trial court denied def.’s motion
to suppress, and a jury found him guilty of felony and misdo resisting
arrest, being under the influence of meth, and DUI of alcohol/drugs. Def.
appealed and argued that the police had no reasonable grounds to stop his
vehicle for having no license plates when a temporary operating permit was
lawfully placed, valid on its face, and seen by the cop. The COA agreed,
distinguishing the situation at bar — having no license plates — from that
in case law, in which there was reasonable suspicion to stop a car with a
temporary operating permit, an expired registration tab, and a missing front
license plate (sic, distinguishing the recent CA Supreme decision in P. v.
Saunders (2006) 38 C4th 1129; 136 P3d 859; 45 CR3d 66, holding otherwise.)
People v. Dean (2007) 158 CA4th 377; 69 CR3d 770; 2007 Cal. App. LEXIS 2075.
Another DMV temp license sticker traffic detention case. Def. pled after
his suppression motion was denied. Def. appealed on the ground that the
trial court erred in denying his suppress motion and the evidence obtained
in the course of a traffic stop. The COA found that the prosecution, in
opposing def.’s suppression motion, failed to meet its burden of proving
that there was an articulable and reasonable suspicion that def. committed a
traffic violation based on the facts and circumstances known to the officer
at the time of the traffic stop. The COA reversed the judgment, and
remanded the matter for further proceedings.
Brendlin v. California, 551 U.S. ___, 127 S. Ct. 2400; 168 L. Ed. 2d 132
(2007), plus, the original 3rd DCA case is helpful (now de-published - but
available - due to review by CA Supremes). A traffic – passenger -
detention case. (Brendlin is back before the CA Supremes and now must deal
with the DMV temp registration sticker issue.)
People v. Hernandez (2007) 146 CA4th 773; 53 CR3d 66. A traffic detention
case that follows Brendlin, supra, but (Note:. though a very good defense case,
the opinion has been superseded and, thus, de-published by a grant of review
by the CA Supremes on 3/21/07) Here, the trial court denied def.’s motion
to suppress, and a jury found him guilty of felony and misdo resisting
arrest, being under the influence of meth, and DUI of alcohol/drugs. Def.
appealed and argued that the police had no reasonable grounds to stop his
vehicle for having no license plates when a temporary operating permit was
lawfully placed, valid on its face, and seen by the cop. The COA agreed,
distinguishing the situation at bar — having no license plates — from that
in case law, in which there was reasonable suspicion to stop a car with a
temporary operating permit, an expired registration tab, and a missing front
license plate (sic, distinguishing the recent CA Supreme decision in P. v.
Saunders (2006) 38 C4th 1129; 136 P3d 859; 45 CR3d 66, holding otherwise.)
People v. Dean (2007) 158 CA4th 377; 69 CR3d 770; 2007 Cal. App. LEXIS 2075.
Another DMV temp license sticker traffic detention case. Def. pled after
his suppression motion was denied. Def. appealed on the ground that the
trial court erred in denying his suppress motion and the evidence obtained
in the course of a traffic stop. The COA found that the prosecution, in
opposing def.’s suppression motion, failed to meet its burden of proving
that there was an articulable and reasonable suspicion that def. committed a
traffic violation based on the facts and circumstances known to the officer
at the time of the traffic stop. The COA reversed the judgment, and
remanded the matter for further proceedings.
| This website & linked blog is made available by this law firm for general information purposes only and to provide a general understanding of the law, not to provide legal advice. Readers of this website/blog are cautioned that reading the website/blog does not create a lawyer-client relationship between the reader and this law firm. |
