The police must have had a good reason, or probable cause, to pull you over for suspicion of DUI. There are ways to challenge the stop if the police didn’t have probable cause so your DUI case will get thrown out.
Probable Cause for DUIs in Chester, Montgomery, Philadelphia, Delaware, Lancaster, Berks and Bucks County Pennsylvania
Call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us to discuss if the police had probable cause to stop you for a DUI.
If the police stop you for suspicion of DUI, the officer must have had a good reason – or probable cause – to stop you. Pulling you over for an arbitrary reason, such as gender or race, is not sufficient probable cause and may result in your DUI being dismissed if it can be proven. The police must have probable cause before he stops you; he can’t stop you for an arbitrary reason and then develop probable cause once he smells an odor of alcohol or see you have glassy eyes.Probable cause can be established in several ways. One is for police to witness the crime. Another is to receive information from a reliable source, which includes information received from a witness or police radio. Only after there is enough circumstantial evidence may the police begin a DUI investigation.
Police Must Have Probable Cause to Stop You for a Pennsylvania DUI
The 4th Amendment of Constitution of the United States and the Pennsylvania Constitution protects people from the search or seizure of a person and/or property by a law enforcement agent without probable cause. This Amendment also guarantees our freedom and keeps us safe from an invasion of privacy. Unfortunately, sometimes these rights get violated during the course of a DUI arrest. Your DUI case may be dismissed if your Constitutional rights have been violated.
The only way to know if the police had probable cause to stop you for suspicion of DUI is to make an appointment with an experienced Pennsylvania DUI lawyer. Call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us for a free initial consultation to learn more about probable cause. As your Pennsylvania DUI criminal defense lawyer, we will provide experienced and aggressive representation you can trust. Your DUI case is important, and it will receive the personal attention it deserves.