In order to pull you over legally, a police officer is required to have reasonable suspicion of law-breaking. Reasonable suspicion can be difficult to define generally, as any driving infraction can cause an officer to suspect that you are driving under the influence and states have different traffic laws, Obtaining the services of a Milwaukee DUI lawyer means accessing the knowledge and experience essential to decide whether or not you were pulled over legally.
The Supreme Court has found that it is not reasonable for an officer to initiate the pull-over of a vehicle just to check license and registration. In this particular court case, the police officer claimed that he pulled the vehicle over simply because it was in the area and he was not busy, which is not considered reasonable under the Court’s interpretation of the Fourth Amendment.
It is important to note that probable cause is not necessary for an officer to stop a motorist, but a reasonable suspicion of unlawful activity certainly is. This guideline concerning suspicion is a rather vague one, and police officers in the field do not have enough time in which to properly determine whether or not they have reasonable suspicion. In a case where it is determined that the stop was made without reasonable suspicion, any evidence is considered illegally obtained and the DUI case must then be dismissed. This is why obtaining the representation of a Milwaukee DUI drunk driving lawyer experienced in the laws and statutes in your area is so helpful in winning your case.
Determining whether or not the traffic stop that led to your charges was legal is just one of the ways in which your Milwaukee DUI lawyer can strengthen your case and ensure that you do not have to face the negative repercussions of a DUI conviction. Contact the Milwaukee DUI drunk driving lawyers at Vanden Heuvel & Dineen, S.C. for help fighting your DUI charge.
Nathan J. Dineen