If there was no justification for the stop, then any evidence collected as a result should be thrown out at a 1538.5 hearing.
But, the rules on vehicle stops are tricky. Police can pull you over for virtually any reason.
They key usually is whether they detained you for an inordinate period of time and/or whether or not the search exceeded the scope of their authority based on their reason/excuse for stopping you.
You should not try to do this alone. Consult an attorney. If you truly weren't driving, the prosecutor should not be able to convict you since driving is an essential element of a DUI charge that the prosecutor must prove beyond a reasonable doubt.
Again, however, the devil is in the details. So, again, you should retain an attorney to protect your rights instead of trying to handle the case yourself.
Answered on Aug 16th, 2012 at 9:33 AM