Illegal Police Stops
The Fourth Amendment to the Constitution guards you against unreasonable searches and seizures.
This includes being unlawfully or illegally pulled over or stopped by the police.
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Guidance from Our Dayton DUI/OVI Attorney
In order to be considered a legal or lawful police stop, the officer must have probable cause to believe that you either broke a traffic law or that you are engaged in criminal activity in order to pull you over and investigate the situation further.
This subsequent investigation can sometimes lead to arrests for offenses like DUI or OVI.
If, however, the police violated your rights, and the unlawful stop is proven in court, the resulting offense can be challenged and may be thrown out.
This is one possible defense an experienced Dayton DUI attorney can pursue if you or someone you know was involved in what you think may have been an illegal police stop in Dayton.
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Information About Your Rights in Police Stops
The problem with the term “probable cause,” the required standard the police must first have before conducting a legal traffic stop, is that it’s open to interpretation.
Some accepted behaviors under probable cause include but are not limited to:
- Erratic driving behavior
- Speeding
- Weaving
- Swerving
- Driving too slowly
- Not wearing a seatbelt
- Disobeying traffic laws
- Failure to turn on lights after dark
There are also certain mechanical or safety violations police can cite for a legal traffic stop as well.
Call Upon Our Dayton DUI Attorney
But even the best, most well-trained, most well-intentioned police officers can make mistakes in this interpretation. After all, Constitutional law is complex and challenging, even for the experts.
With this in mind, if you or someone you love has been arrested for DUI or OVI as a result of what may have been an illegal police stop in Dayton, don’t hesitate to contact an experienced DUI lawyer in Dayton, OH from Gounaris Abboud, LPA.
Our knowledgeable and experienced criminal attorneys focus on DUI and OVI defense, including illegal police stops and our initial consultation is free.
Most importantly, our team of lawyers is available 24 hours a day, 7 days a week to analyze and advise you on your unique individual legal case.