Some driving under the influence (DUI) charges begin with a car crash. A police officer arrives at the scene of the collision and notes potential signs of intoxication. They ask the drivers involved in the wreck to submit to testing.
Other times, police officers might notice concerning behavior in traffic. They can pull over a motorist when they appear to be under the influence. They can also initiate a traffic stop for a different concern and then begin to suspect impaired driving.
Individuals facing DUI charges may have several defense strategies available. One of the most effective involves an attorney raising questions about a traffic stop. Police officers may violate an individual’s rights by conducting an inappropriate traffic stop without reasonable justification.
When is a traffic stop lawful?
Oklahoma state statutes include dozens of different types of moving violations. Police officers can stop anyone that they suspect of a primary traffic offense. Those offenses can include exceeding the speed limit, failing to use turn indicators and reckless driving.
An officer does not necessarily have to suspect intoxication when they initiate the traffic stop. However, they should be able to explain the exact reason that they decided to pull a driver over and temporarily detain them.
If they don’t have a reasonable explanation based on an actual violation of traffic statutes, then the traffic stop may have been illegal. In that situation, any evidence gathered during the traffic stop might not be usable during court proceedings. The courts may need to set aside evidence or even dismiss the charges because of the questionable traffic stop.
A defense attorney helping a motorist respond to pending DUI charges can explain to the courts how a police officer may have violated the rights of their client. If there wasn’t an appropriate justification for the traffic stop to begin with, a lawyer may be able to leverage that police misconduct for their client’s benefit.
Reviewing the state’s evidence, including the alleged justification for a traffic stop, with a skilled legal team can help people determine the best option available in an impaired driving case. Challenging the legality of a traffic stop and, therefore the validity of any evidence gathered, is a viable solution in many DUI cases.