Beat a DUI: Illegal Police Stop

You may be able to beat a DUI based on an illegal police stop. This will likely require the assistance of an experienced criminal defense attorney. The police must abide certain procedural laws when conducting criminal investigations so as not to impose on the freedoms guaranteed to people in the United States Constitution.

Police Stops and the Law

The police can legally stop a person for committing a traffic violation, if they are under suspicion of being engaged in criminal activity, or to arrest the person for committing a crime. When a person is stopped by the police, the police usually commence by asking them a series of questions which are intended to lead to evidence that either substantiates their suspicion or not.

While probable cause is usually required to carry out an arrest or search a person, there are certain exceptions that can be legally used by the police.

Auto stops are considered seizures under the law. The decision to stop an automobile is allowed if the police have probable cause to believe that a traffic violation has occurred or that criminal activity is afoot. A police stop that extends beyond the scope of a traffic stop can constitute a seizure which must be grounded in new reasonable suspicion that is not related to the basis for the original stop. 

It can get tricky when a police officer continues questioning a person during a routine traffic stop after a certain point. It can sometimes cross the procedural limits. In cases where a police officer does not abide procedural law in arresting and investigating a DUI case, there is a chance that evidence of the arrest or evidence obtained during the stop can be thrown out of court due to the poisonous tree doctrine which states that if something illegal happened during a police investigation, all evidence obtained as a result of an illegal search should be barred.

Hiring Legal Counsel

If you want to beat a DUI charge, you should consult with an experienced attorney who has a good track record of beating such charges. A criminal defense attorney will handle the legal matters in your case including filing appropriate motions, preparing you for hearings and advocating on your behalf during settlement discussions. Your attorney can help to gather evidence and prepare your defense.