The number two most defensible action when it comes to DUI arrests is the actual traffic stop. An officer has the right to stop a car but only with just cause. Without having proof that the stop was conducted correctly, the officers decision can be brought into question. It must then be proven that a law was actually violated or not, or if there was some unusual vehicle operation.
An example of this would be, if an officer has seen a person coming out of the bar and gets behind the wheel of a car, or even if the officer knows the driver has been drinking, he must make a stop for a legitimate violation or he can be dismissed for violating the driver’s rights. It must be established that a traffic violation was committed before a stop can be administered.
For more information on DUI Laws, visit Kyle K. Shaw Attorney at Law
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