Did the Police Officer Pull You Over Illegally?
In a DUI case, lawyers sometimes can build a defense because the police illegally pulled over the driver. If the judge buys the argument that the traffic stop was illegal, all evidence gathered during the stop is inadmissible in court. Here are some common reasons that stops are against the law.
- No Reasonable Suspicion or Probable Cause for the Traffic Stop or Arrest
Unless you are in a special situation such as a DUI checkpoint, the police officer who pulls you over must have either reasonable suspicion or probable cause for the stop. Reasonable suspicion exists if the officer has an unbiased belief based on specific facts that a crime is being committed. Probable cause exists when a reasonable person under the circumstances would believe that a crime is being committed. Generally, neither reasonable suspicion or probable cause exist if you are:
- Driving late at night or early in the morning
- Driving near a bar or a nightclub
- Driving on private property (usually)
- Following traffic laws
Common causes for traffic stops include weaving or drifting in the lane, driving very slowly below the speed limit or quickly far above the speed limit, not stopping at stop signs or lights, and similar. However, police can pull you over even if you commit the most minor of traffic violations. During the stop, the officer may observe further behavior that leads to a DUI arrest. To make the arrest, the police officer must have probable cause (unless a few exceptions apply).
- Surveillance and Pretext Stops
If police concoct a reason for a traffic stop that has nothing to do with a belief that a crime is being committed, the stop may be illegal. For example, sometimes officers lurk outside bars and clubs, watching for someone to enter, stay for a while, then drive off. The officer may immediately pull that person over. However, if the officer did not observe any behavior indicating drunk driving, then the stop is illegal. Further, sometimes officers suspect a driver of non-driving-related crimes such as selling drugs. They pull the driver over looking for evidence of the crime. If the driver did not do anything while he was driving that invoked a reasonable suspicion, then the stop was illegal. Often, though, the driver will commit minor traffic violations without realizing it, giving the office a somewhat plausible reason for the stop.
Before you get pulled over, know your rights during traffic stops. If you believe that a police officer violated your rights when you were stopped and arrested for DUI, seek out a local criminal defense attorney.
To learn more about your options when charged with a DUI, seek out the local DUI attorney who cares about seeking the best outcomes for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, is familiar with the pros and cons of jury versus bench trials. Schedule a case evaluation by visiting Patterson Law Firm online or calling Clint’s office at (918) 550-9175.