Rodney's Blog

The short answer is: NO.

In Park v. Valverde, the Defendant was stopped for driving a stolen vehicle, but police information was outdated and the vehicle was not actually stolen.  Cops conducted a stop and noticed objective symptoms of intoxication and the Defendant was arrested for DUI.  The court granted the Defendant’s motion to suppress and dismissed the Criminal Case.  The Defendant lost the DMV Administrative Per Se and appealed.  The Court of appeals upheld the Administrative Per Se ruling because police conduct was not egregious (or that the police did not willfully fail to update stolen vehicle reports).  So if the cops had a reasonable belief that the car you were operating was stolen, they can pull you over.  Although the Criminal Court reasoned that the cops should have updated their records before pulling a vehicle over that was reported stolen (“sometime ago”), the Administrative Per Se Hearings do not have to uphold the same standards.

If you’ve been recently stopped for a DUI violation, please be advised that your California Driver’s License is at risk.  In the event that your California Driver’s License is subject to an Administrative Per Se Hearing, you need a knowledgeable attorney on your side to help you to preserve your driving rights. Please call us at (714) 955-8365 for a free telephonic consultation.