David M. Lurie
Criminal Defense Attorney
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Did the police have reasonable suspicion to pull you over?

On Behalf of | Mar 3, 2022 | DUI/DWI

The legality of your traffic stop could affect the outcome of your DUI charges. For example, if the police did not follow the law when pulling you over, it could be deemed an illegal stop, and the evidence obtained from the stop may be inadmissible in court.

The law protects you from random searches by law enforcement. Therefore, the police need to have reasonable suspicion to pull you over before carrying out any checks on your sobriety.

What is reasonable suspicion?

Reasonable suspicion by law enforcement simply means that there is some justification for the stop based on the idea that you might be doing something illegal, usually based on the circumstances and the officer’s experience. 

For example, even minor traffic infractions or erratic driving could form the basis of reasonable suspicion that you might be driving while impaired, and the police could legally stop you. However, driving at night is not enough reason unless additional facts rationalize the stop.

Protecting your legal rights following an unlawful stop

You have the right to know why you were pulled over – and to challenge the officer’s justification for the traffic stop when it seems unreasonable during the defense process. Arguing with a police officer on the street will only hurt your case.

If you prove in court that there was no reasonable suspicion, you can file a motion to suppress the evidence that was acquired from your stop. This may include any Breathalyzer test results or statements that you made.

Without crucial evidence to prove your DUI charges, the prosecution may choose to reduce or drop them. Learning more about your rights will help you choose the most viable defense strategy to go about fighting the charges you face and ensure a positive conclusion of your case.

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