Have you been charged with a DUI? Then almost certainly your DUI stop and
arrest involved probable cause. Too many times, DUI defendants believe
that just because they registered a breathalyzer test (or another BAC
test) over the legal limit that they must resign themselves to a guilty
plea. However, DUI procedure is a sensitive process that involves careful
conduct by police. This includes finding and citing legitimate probable cause.
In the simplest terms, probable cause is the indication to law enforcement
that someone is or could be breaking the law. For DUI, it can be obtained
any number of ways.
Common examples of DUI probable cause includes officers witnessing:
- Lane drift
- Erratic braking
- Excessive speeds (or very low speeds)
- Near misses with other vehicles or objects
- Traffic accidents
- Traffic injuries
After observing any of these things, officers traditionally have enough
probable cause to pull you over and investigate. In some cases, these
signs of DUI are captured on dashboard cameras or are evident when an
accident has occurred, but often, they are based solely on the word of
the arresting officer.
"Did my arresting officer have probable cause?"
When assessing DUI case, probable cause is always one of the first things
to examine. Many DUI stops occur after little to no incident, so working
to establish that probable cause was not obtained before the accused was
stopped can be valuable to a defense strategy. When it can be proven that
law enforcement did not have probable cause, much of what they discover
during their investigation (the DUI stop) can be suppressed and the charges
against the accused can be thrown out.
Often, however, these disputes are the word of the accused versus the word
of the police officer. That is why at
Thomas & Willis, LLC our experienced and award-winning Atlanta DUI lawyers make a thorough
examination of our clients' cases. When there is a probable cause
issue, or any other factor that damages the legitimacy of the accusations
brought against our clients, we can ensure that it will be properly addressed
in an aggressive effort to secure a reduction or dismissal.
Get knowledgeable and incisive counsel by your side. Contact our firm today
to schedule a
free case evaluation.