Wrongfully Being Pulled Over
In order for a police officer to have the legal authority to pull you over, they must have reasonable belief or suspicion that you are breaking the law. This reasonable suspicion may result from observing a violation in a traffic law or from driving behaviors that indicate intoxication. Even if you are pulled over and fail a field sobriety or Breathalyzer test, the evidence against you may be dismissed at trial if the officer cannot express a proper basis for pulling you over in the first place.
Legally Valid Reasons to Pull Over a Driver
Some valid reasons to pull over a driver include (but are not limited to):
· Not properly obeying traffic control devices such as red lights, stop signs, or other signals
· Making illegal turns
· Illegal passing
· Weaving through traffic
· Driving above the speed limit
· Driving well below the speed limit
· Driving too fast for conditions
· Not using turn signals
What to Do if You Are Pulled Over
If you are pulled over in traffic, it is always in your best interest to obey the police officer as to not create additional conflict. If you are not sure why you have been pulled over, you are allowed to ask the officer directly, and he should inform you as to the particular traffic violation. If you are pulled over and asked to take a sobriety test, you may choose to submit to or refuse to submit to a Breathalyzer or field sobriety test. Failure to take a test offered by the officer may result in an automatic license suspension. You have the right to remain silent during questioning or interrogation until you have spoken with an attorney, who will strategize the best defense for your case.
In order for a DUI arrest to be considered lawful, the initial pullover must be lawful. This means that if it is determined that the police officer that stopped you did not have probable cause to do so, the evidence against you may become invalid in court, and your case may be dismissed.
Were You Wrongfully Pulled Over?
If you are facing DUI charges, you need to speak with a DUI criminal defense attorney who can help determine whether or not the initial traffic stop was legal, and if not, how the case will proceed. The DUI Defense Attorneys at Hornsby & Hornsby, Attorneys at Law have years of experience dealing with DUI cases and aggressively fight prosecution from wrongfully convicting alleged criminals. Contact the Attorneys at Hornsby & Hornsby, Attorneys at Law for a freeconsultation on your case today by calling 205-856-1000.