Understanding why the police stopped you is one of the first things to work on if they arrest you and charge you with impaired driving. The reasons for the initial stop are so crucial to the integrity of a DUI charge that showing police had insufficient reason to pull you over could see your case dismissed, even if you were over the limit.
So, what is it that a court considers sufficient reason for pulling someone over? The key term to understand is ‘reasonable suspicion.”
This is a legal concept that they have a good reason to believe you were or had been engaged in a criminal activity. An officer could have many reasons to think this. Firstly, there is the obvious one that you were driving like someone who was impaired. This could include weaving across the road and sitting too long at stop signs, among other things.
They do not need to be based on impairment
Then there are all the reasons that have nothing to do with suggesting impaired driving. Remember, the police do not need to have had reasonable suspicion that you were impaired, just that you were breaking the law.
If you did not have your seat belt fastened or your brake light working, that would justify the initial stop. So too would speeding, making an illegal U-turn or similar infractions.
The crime could have been in the past
Officers can also pull you over because of something they believe you did in the past. Maybe the car matched the description of one reported stolen. Maybe the officer believes they saw your face on a list of suspects for a burglary. Even if they are wrong, the stop could still stand provided a court finds their suspicion was reasonable.
With help to break down your DUI stop and arrest into parts and examining them for irregularities could spare you the considerable consequences a conviction would bring.
