Was your traffic stop legal? It may not have been

On Behalf of | May 21, 2020 | DUI |

You were out with your friends for the night, and you surely did have a few drinks. You knew that you were slightly intoxicated when you drove home, but you didn’t think you were over the limit. In fact, you hadn’t done anything unusual to get pulled over when the police cruiser’s lights turned on behind you.

You checked your speed, and it was under the limit. You were in your lane. What could be causing this stop?

A police office may make any kind of claim about why they stopped you, but if there was no real reason, then the stop is called an “improper stop.” The police are supposed to have a reason to pull you over, such as showing that you were:

  • Weaving dangerously in traffic
  • Driving on expired plates
  • Driving with lights out
  • Failed to yield
  • Speeding

Police officers are trained to look for signs of driving under the influence, like those listed above. However, if you were not driving dangerously and were in your lane, then there may not have been a strong reason for them to stop you.

An officer cannot stop you just because they saw you walk out of a bar or because they recognized that you were intoxicated in the past. They shouldn’t pull you over without cause and evidence of what you were doing, like a recording or speed reading. If they do, then you can speak with your attorney about fighting the DUI charges that you’re facing and showing that the officer had no right to pull you over to begin with. If you can prove that the stop was improper, you may be able to have the charges dropped.