You Have A Right To Remain Silent. Before You Decide To Talk, Call Mike Winters.

Photo of Michael T. Winters
  1. Home
  2.  » 
  3. DUI Defense
  4.  » The legality of your DUI stop matters

The legality of your DUI stop matters

On Behalf of | Jul 15, 2022 | DUI Defense

The Fourth Amendment of the U.S. Constitution and Article I, Section 8 of the PA Constitution protect you from an unreasonable searches and seizures. For vehicle stops, this means that the police cannot just pull you over randomly. If they do, it may be considered an illegal stop and it can significantly affect your charges.

The police are not supposed to pull you over without reasonable suspicion of criminal activity or probable cause you have committed a traffic violation, unless it is at a legal DUI checkpoint. Here is what you need to know about illegal DUI stops.

Was your DUI stop unlawful?

If your DUI stop was illegal, the evidence obtained as a result of the illegal stop may be suppressed (deemed not admissible). Once the court deems evidence inadmissible, it will not be considered at your trial. 

The prosecution may have difficulty proving your guilt beyond a reasonable doubt without the suppressed evidence. As a result, the charges against you may be reduced or dropped altogether.

Analyzing the legality of your DUI stop is crucial when planning a defense of the DUI charges you face. However, it is not as easy as it sounds. Only a keen and experienced eye will see through the legal nuances that may be present in your case and help you boost the chances of a desirable outcome.



FindLaw Network