Tuesday, March 11, 2008
Favorable Restricted License case
San Diego California DUI attorney blog news
Criminal - Search And Seizure/ Restricted Driving Permit / Driving While Revoked
2nd Dist. People v. Johnson, No. 2-07-0307 (March 4, 2008) DuPage County (BOWMAN) Affirmed
Police officer, who, after computer check of vehicle registration, learned that the defendant had a restricted driving permit, lacked probable cause to stop defendants vehicle merely because he was driving on a Sunday.
Further, court will not apply special needs doctrine to justify the stop.
Therefore, trial courts decision to allow defendants motion to quash his arrest is not erroneous.
Criminal - Search And Seizure/ Restricted Driving Permit / Driving While Revoked
2nd Dist. People v. Johnson, No. 2-07-0307 (March 4, 2008) DuPage County (BOWMAN) Affirmed
Police officer, who, after computer check of vehicle registration, learned that the defendant had a restricted driving permit, lacked probable cause to stop defendants vehicle merely because he was driving on a Sunday.
Further, court will not apply special needs doctrine to justify the stop.
Therefore, trial courts decision to allow defendants motion to quash his arrest is not erroneous.
# posted by SanDiegoDUI @ 2:25 PM 
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