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Man faces DUI charges as officer sees open container during stop

When law enforcement in California initiates a traffic stop for any reason, the officer will check for signs of violations when investigating. This is true even if the stop was unrelated to suspected driving under the influence. If there are signs or evidence of a driver who is intoxicated, it will likely lead to an arrest. One reason for an arrest to be made is if there is an open container of alcohol in the vehicle.

A California Highway Patrolman saw a vehicle with an expired registration and stopped it. As the investigation was conducted, the officer saw a 12-pack of beer on the floor of the passenger side. There was an open container in the cup holder. After running a check, the officer found that the man’s driver’s license was suspended.

In addition, the driver had been previously convicted of DUI. He was sentenced to probation for that incident and was supposed to have an ignition interlock device on the vehicle, but did not. The officer stated that the driver seemed to be intoxicated. Field-sobriety tests were given and he failed. He was subsequently arrested for DUI. He is facing multiple charges including DUI, driving without a license, not having the ignition interlock device and expired tags. The vehicle was impounded.

When confronted with DUI charges and other vehicle-related violations, it can have a negative impact on a person’s life in myriad ways. This is especially true if it is a DUI after there has been a previous conviction on the same charges. To avoid the worst penalties like jail, fines and an extended license suspension, the accused may benefit from seeking legal advice from a firm that has experience in assisting clients arrested on DUI charges as soon as possible.

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John Patrick Ryan has been practicing law for over 20 years. Experienced in criminal law. U.S. Navy Veteran.