Southshore Lawyer Handling Unlawful Police Stops
Been Unlawfully Stopped for OUI?
If you were stopped by a police officer, you should know that the officer must have had probable cause to pull you over - otherwise, you and your attorney have a right to challenge the improper stop, along with numerous other defenses. In the United States criminal court system, probable cause refers to facts or evidence that would make a sensible person believe that a crime or wrongdoing is or was being committed. Many DUI traffic stops occur because the police officer claims he observed the driver weaving in the lane, perhaps with the tires touching the lane divider, or even going into the other lane. Courts have ruled that this usually does not justify a DUI traffic stop. If what is considered an "experienced officer" observes considerable weaving on your part for quite a distance, then that could be considered probable cause. However, if the court finds that your traffic stop was not justified, the entire DUI case will most likely be dismissed. This is one of the ways to beat your DUI charge. That is why you need a highly experienced DUI Defense Lawyer in Southeastern Massachusetts defending you in your drunk driving case.
DUI Lawyer in Southeastern Massachusetts
After conducting the roadside investigation, the officer can only arrest you if he has "probable cause." This means the evidence must meet a level in which a reasonable officer would believe a crime (in this case drunk driving) had been committed. You are entitled to a court proceeding in which a judge decides whether the officer had probable cause for the arrest. At the hearing, the officer testifies and is cross-examined by the DUI defense lawyer. If the judge decides the officer who arrested you for DUI lacked probable cause, then the blood alcohol test is not allowed as evidence and your entire case may be dismissed.
If you want a DUI Defense Attorney who you can talk to, who understands what you want, who is interested in you and your situation, and who fights to get you results, contact us in Southeastern Massachusetts, or call (800) 838-6684.
When it comes to litigating unlawful Police stop cases, our attorneys vigorously and tirelessly fight for clients, both in the District Court and at the Registry of Motor Vehicles (RMV). Our motto of "All Cases, All Hours, All Courts" explains our determination, drive, and accountability in obtaining the best possible result for our clients. Learn more about Massachusetts DUI laws in our FAQ Section, and then call (800) 838-6684 for a FREE Case Evaluation or contact us online. |