subject: Illegal Stops and DUI's in Phoenix [print this page] Accused with Drunk Driving? It is an Unlawful Stop if the Police Officer Didn't Have Probable Cause
In order for the arresting office to halt your auto and start an investigation, he or she must absolutely foremost have probable cause to do so. A law enforcement official shouldn't make the earliest traffic stop triggering the DUI without having a valid justification to do this. The cop may not detain your vehicle simply since he or she is angry, doesn't like your car, or is bored and wants something to do.
Probable cause is a accommodating definition and its existence should be determined by a court. The law enforcement officer will surely have to show the judge that he or she had a sensible perception that a criminal offense was occurring and that you were the individual committing the crime. Basically, for an officer to halt you for driving under the influence he / she must have seen you carrying out a traffic breach.
One frequent motive for which a police officer may possibly well halt a auto that isn't going to be permissible is profiling. At times, a police officer may run license plates to confirm if the vehicle operator has a background of violations. Even while this may look acceptable to the layperson, it does not rise to the degree considered necessary to develop probable cause. A background of infractions in and of itself is not enough for the cop to detain you without anything more.
Furthermore, it is plausible for policemen to make an error in judgment regarding which motor vehicle committed the violation that was the basis for beginning the detention. One example is, if there are very similar appearing autos and the highway is chaotic, the cop could very well become puzzled about which automobile was truly speeding. If there was no offense underlying the stop, then the ensuing DWI charges could very well be put aside.
Proving that the arresting cop made an unlawful detention leading to your allegations is without question exceptionally hard. Judges almost always rely on the officer's discretion. This is exactly why it is very important to retain an attorney to help you fight to protect your rights. A DUI lawyer in Phoenix can help you present a successful argument that the stop was illegal if that is the case. If you have been accused of drunk driving in Arizona, where the laws are especially challenging, its essential to use a experienced professional who can guard your rights. A DUI attorney in Phoenix will comprehend what you are confronting. DUI attorneys in Arizona are capable to navigate the laws and represent you during this arduous process.
