What Constitutes Probable Cause in a DUI Stop?

Any police officer should have a “probable cause” to pull you over if the officer thinks that you’ve breached the law. Here are a few important aspects of what constitutes probable cause at a DUI stop and Buffalo, NY DUI lawyers have seen about every scenario that is plausible.

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The significance of probable cause

A police officer requires probable cause in order to pull you over. Probable cause signifies that there is sufficient dependable information to sustain a reasonable idea that an individual has committed an illegal offense, such as operating a vehicle while DUI or under the influence. For the most part, it isn’t difficult for any police officer to show probable cause for a DUI. The officer may have observed you operating your car as if impaired. This means that you were driving erratically or violated traffic rules. Another significant probable cause can be injury or accident.

Det. McNulty from The Wire knows all about that! He loves to drive drunk and act like a fool. But when he smashed his car into the freeway structure there was not a police officer around so he lucked out there.

According to New York DUI attorneys, if the police officer pulls you over without any probable cause, then you can go ahead and contest it. If the officer had no real probable cause to pull you over, you can put forth a motion to suppress the charge, and have the case dismissed immediately.  However, you have to be cautious about one thing.

When it is a matter of your word against the police officers, your claims don’t usually succeed, especially in DUI cases. Certainly in Sacramento and other California cities where the cities are broke and begging for extra tax revenue. Buffalo is in the same category.

Bad behavior can have a negative impact

Bad behavior aggravates a probable cause. Probable cause stems from the police officer’s observations of an individual’s driving pattern. However, you should remember that once you are pulled over, the officer will go on to observe with the view of determining probable cause for further violations. For instance, if he pulls you over as you ran a red light and then noticed the odor of liquor from the vehicle, the officer can have probable cause to arrest you for a DUI.

The officer will also look for other signs of DUI, such as if you behave suspiciously and remain seated or if you fumble when producing your license or registration. The officer is also likely to look for evidence of drugs or alcohol that could be evident from your breath or an odor of smoke within your vehicle, which could be from marijuana or another controlled substance.

Like Wee-Bey was doing in The Wire for the corrupt Baltimore politicians (and there is not a shortage of them in Baltimore!). He did not have $20,000 in cash in his car for no reason!

All your moves will be observed carefully for probable proof of impairment, and duly noted to eventually use it against you. Buffalo, NY DUI lawyers know these observations will definitely be included in the police report. Police officers have plenty of ink and time.

Pretext stops

A probable cause cannot be invoked to justify a pretext stop. Even though a police officer can pull you over for traffic offenses, he cannot use a traffic stop as an excuse to initiate an investigation. This means that a police officer cannot simply pull you over as an excuse to question the occupants of a motor vehicle about other probable offenses.

And this is why Wee-Bey was allowed to go but the police kept the money! But then the dirty politicians got it back!

Get legal help NOW

Now that you know more about “probable cause” if you are arrested and charged with a DUI, make sure to speak with a New York DUI lawyer right away. You do not want to be charged with a DUI but if you make a mistake or if the police officer is under pressure to hand out more DUI tickets as another form of taxation, it is realistic that you receive one. However, with suitable legal help there are positive steps you can take to protect your rights and improve the outcome of your DUI case.