Squealing Tires and a DUI Stop

Police officers will use the squealing of tires as justification for a traffic stop for violating the California Vehicle code, usually the Unsafe speed section.
However, at one time or another as drivers we have all probably caused our tires to squeal from a stopped car. Examples of causing tires to squeal include: trying to start a vehicle from a stop on a wet inclined surface; starting the vehicle while on gravel causing the wheels to spin; causing your foot to slip (accidentally) off of the clutch while revving the engine; starting on a road marking causing the wheel to slip, etc.
Whatever the reason, San Diego police officers may consider such squealing tires to be evident of an unsafe speed.

Unfortunately San Diego judges held squealing tires to justify a brief vehicle stop. Though there does not appear to be California case law which states that squealing tires is a vehicle code violation. However, case law from courts in Florida and Indiana (which does not apply to California) have held that causing tries to squeal did not demonstrate an unsafe speed or disregard for the safety of others and did not give rise to reasonable suspicion for the stop.

That’s why if you get stopped for “squealing” your tires, and get charged with a crime more serious than a ticket for tire squealing, you need to consult with my office so we can assist you in getting these more serious charges thrown out, or reduced.

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