Criminal defense lawyers serving: Stanislaus, Sonoma, Tuolumne, Merced, San Joaquin Counties - and Federal Courts in Sacramento and Fresno

Law Enforcement Bounty Hunting Exposed

February 17, 2012 – In this Driving-Under-the-Influence (DUI) case Mr. McAllister filed a motion to suppress the breath test results based on the officer not having legal cause for the traffic stop.  On cross-examination the officer admitted to having won awards for the most DUI arrests for two consecutive years from Mothers Against Drunk Driving (last year he had 60 arrests; “this year I’m shooting for 100!”)  “You have a streak going?” Kirk McAllister asked.  “Yes , I do” was the response.  Next McAllister asked “You want to keep your streak going?”  The officer answered “Yes, I do.”  The officer ultimately could not convincingly cite a Vehicle Code section that he claimed was violated.  The judge granted the motion to suppress evidence and the District Attorney was forced to dismiss the case. (Case No.  CRM015477)

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