In what circumstances will a defendant be charged with a traffic offence if he is stopped by a police officer?
California, United States of America
The following excerpt is from People v. Blount, F066744, F067069 (Cal. App. 2015):
In Berkemer v. McCarty (1984) 468 U.S. 420 (Berkemer) the officer stopped the defendant after observing his vehicle weaving on the highway. The officer determined the defendant was drunk, and decided to charge him with a traffic offense. (Id. at p. 423.) The officer, however, did not tell the defendant he would be taken into custody, and had
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