Bellevue DUI Lawyer - Probable Cause for Stop
DUI law is an interesting beast on several levels. Interesting because the punishment is so harsh and the deck always seems to be so stacked against you, and interesting because even though you can't necessarily see a DUI as it happens, a lot of people are charged with DUI throughout the year. How does this happen?
The primary reason is that police officers have a tremendous amount of discretion over their actions. This is both good and bad. It is good because if they did not they would constantly be handing out minor traffic citations instead of focusing on investigating more serious crimes and more serious criminals. It is bad because they can turn up and down their discretion at their leisure and without a moment's notice.
For example, as a Bellevue DUI lawyer [http://www.cmslawfirm.com], I can't tell you how many of the cases I see begin with a traffic stop for something that nine times out of ten would never even cross the police officer's mind for effectuating a traffic stop. It happened this one time because it was after 11:00 p.m. on a Friday night and was grounds to check the guy out for DUI (my buddy even has a story about being pulled over on First Avenue in downtown Seattle for DUI because he was following another vehicle too closely!).
Although technically this shouldn't qualify as a valid traffic stop, it does. And the reason? Probable cause. To pull someone over, whether for a Bellevue DUI or because they failed to use a turn signal, they must have probable cause to do so. Probable cause is defined as a reasonable belief that a crime has been committed. This is the reason why you are being pulled over for a cracked windshield and broken license plate light - the police officer needs a valid reason to pull you over. If there is not a valid reason for pulling you over, then everything that happens after that (statements, field sobriety tests, breath test, etc.) is inadmissible as evidence in your case (which is a good thing).
The lesson to be learned today is to drive as safe as possible, make sure your car is in working order, and obey your traffic laws when you are driving home. I'd much rather be your Seattle DUI attorney and defend you when the officer pulled you over for no reason than when he pulled you over for speeding or failing to use a turn signal.
The primary reason is that police officers have a tremendous amount of discretion over their actions. This is both good and bad. It is good because if they did not they would constantly be handing out minor traffic citations instead of focusing on investigating more serious crimes and more serious criminals. It is bad because they can turn up and down their discretion at their leisure and without a moment's notice.
For example, as a Bellevue DUI lawyer [http://www.cmslawfirm.com], I can't tell you how many of the cases I see begin with a traffic stop for something that nine times out of ten would never even cross the police officer's mind for effectuating a traffic stop. It happened this one time because it was after 11:00 p.m. on a Friday night and was grounds to check the guy out for DUI (my buddy even has a story about being pulled over on First Avenue in downtown Seattle for DUI because he was following another vehicle too closely!).
Although technically this shouldn't qualify as a valid traffic stop, it does. And the reason? Probable cause. To pull someone over, whether for a Bellevue DUI or because they failed to use a turn signal, they must have probable cause to do so. Probable cause is defined as a reasonable belief that a crime has been committed. This is the reason why you are being pulled over for a cracked windshield and broken license plate light - the police officer needs a valid reason to pull you over. If there is not a valid reason for pulling you over, then everything that happens after that (statements, field sobriety tests, breath test, etc.) is inadmissible as evidence in your case (which is a good thing).
The lesson to be learned today is to drive as safe as possible, make sure your car is in working order, and obey your traffic laws when you are driving home. I'd much rather be your Seattle DUI attorney and defend you when the officer pulled you over for no reason than when he pulled you over for speeding or failing to use a turn signal.
