QUESTION
What can one do if the officer had no reason to pull you over?
Asked on May 27th, 2015 on Criminal Law - Utah
More details to this question:
I was driving on a main street which was close to a row of local bars and I thought I was sober enough to drive. I had given absolutely no sign of impaired driving but an officer pulled me over and asked me to take a sobriety test and a breathalyzer. I had a BAC of .08 and was charged with a DUI. However he had no reason at all to pull me over and I was driving fine. Do I still have to submit to the DUI charges?
14 ANSWERS
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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You can file a motion to challenge the detention and subsequent arrest.
Answered on Jun 01st, 2015 at 3:41 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Absolutely you do. Probable cause to pull you over can be just about anything: the speed you were traveling, a cracked windshield, a light out... even a brake light, stop and go driving. There are many reasons. My advice: retain an attorney to help you and be prepared to spend a chunk of money as these cases are expensive and, if convicted, the penalties are substantial.
Answered on May 28th, 2015 at 2:48 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There's no question of 'submission' to the charges. If you move to exclude the evidence on the basis that the officer had no reasonable suspicion to stop you, if you convince the court you might very well prevail. On the other hand, you may not have read the police reports which are likely to say that you were swerving, or crossing the yellow line, or speeding, or whatever, which would create the reasonable suspicion. Find an experienced lawyer: it's almost always worth the investment. Good Luck.
Answered on May 28th, 2015 at 2:45 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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You need a lawyer to represent you; He should file a motion to suppress the initial stop; If after the motion hearing, the court grants the motion, then the charges go away
Answered on May 28th, 2015 at 9:22 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Talk to a local attorney. Some Judges and Prosecutors will proceed with a .08 only to a point (They are running a bluff) and then dismiss. Be careful if they have a video; most attorneys will not recommend a decision by you until they see the video.
Answered on May 28th, 2015 at 7:41 AM
Thomas Edward Gates
Sorry, you will not prevail in court. They could have the slightest reason to pull you over to make it a valid stop. And, they were right you were at the legal limit.
Answered on May 28th, 2015 at 1:01 AM
3 Awards
You still have to face the charges in court. BUT - you may have a solid motion to suppress evidence for illegal stop. Get a lawyer for best results. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are ?material and exculpatory.? Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on May 28th, 2015 at 12:55 AM
You need to hire a DUI specialist to file a 1538.5 motion. You also need to do it fast because you have only 10 days to save your license.
Answered on May 28th, 2015 at 12:50 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If charges were filed, you need to hire the most experienced DUI attorney you can afford.
Answered on May 28th, 2015 at 12:47 AM
Criminal Defense Attorney serving Riverside, CA
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Law Office of A. Marie Felsen, Esq.
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If there is no reason to pull you over - a Motion to Suppress can be filed to have the evidence tossed out because it was obtained illegally. There is no case without evidence. So, you win!
Answered on May 28th, 2015 at 12:47 AM
1 Award
Yes, you can fight the DUI charges. Contact an attorney to help you. If a judge agrees that the police officer did not have a valid reason to pull you over, then you should prevail.
Answered on May 28th, 2015 at 12:44 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a defense, but not the best one. The officer will state he have probable cause to pull you over. You will be had pressed to defeat the testimony. Hire an attorney, a good and aggressive one, now!
Answered on May 27th, 2015 at 5:32 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Fight it. A lawyer can file a motion to suppress.
Answered on May 27th, 2015 at 5:10 PM
Sex Crime Attorney serving Salt Lake City, UT
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Jefferson and Biggs
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You need to retain a DUI attorney who might be able to help you with these charges, by among other things, filing a motion to suppress based upon an improper stop.
Answered on May 27th, 2015 at 5:08 PM