Springfield Lawyer Handling Unlawful Police Stops

Been Unlawfully Stopped for OUI?

Did you know that you have the right to not be unlawfully stopped for no reason?  A police officer is required to have "probable cause" to pull you over, basically a valid reason he observed to indicate to him that you have done something unlawful.  Your attorney can challenge an improper and unlawful police stop if it has resulted in you being arrested for driving under the influence of drugs or alcohol.  The United States criminal court system refers to probable cause as some type of fact or evidence that would make a reasonable person believe that a crime or possible wrongdoing is or was being committed.  Many Police Officers indicate the traffic stop occurred because they observed a driver moving erratically in their lane, perhaps with the tires touching the lane divider, or even going into the other lane. However, this alone does not warrant an officer being able to pull you over.  Courts have ruled that what is required is considerable weaving for quite a distance before an officer would have probable cause to pull you over.  If it is found by the court that your traffic stop was not justified, the entire DUI case can be dismissed.  This is one of the many ways to beat your DUI charge. To be able to properly defend your case, you need a highly experienced DUI Defense Lawyer in Springfield representing you on your DUI charges.

DUI Attorney in Springfield

As in having probable cause to pull you over, once the Police Officer has conducted his roadside investigation, you can only be arrested if he has enough probable cause to make the arrest. Basically what this means to you is that by whatever means he has established your sobriety or lack of it, it must meet a certain level where reasonable This means the evidence must meet a certain level in which a reasonable officer would believe a crime had been committed.  You will have a court proceeding in which a judge decides whether the officer had probable cause for the arrest based on the evidence presented and the officer's testimony and report. At the hearing, the officer will testify and can be cross-examined by the DUI defense lawyer.  If the judge decides, based on the evidence he is presented, that the officer who arrested you for DUI lacked probable cause, then any blood alcohol test conducted will not be allowed as evidence and your entire case may be dismissed.

If you would like a DUI Defense Attorney you can comfortably talk to, who understands what you need and who is interested in helping you with your situation, contact us in Springfield, call (800) 583-3845. 

Choose a Western Massachusetts
OUI/DUI Law FirmServing Hampden, Hampshire, Franklin,
and Berkshire Counties…and Communities
Across the Pioneer Valley!

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) 583-3845 for a FREE Case Evaluation or contact us online.