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Traffic Stops and DUI Arrests: What You Need to Know
When facing driving under the influence of intoxication (DUI) charges, the beginning of the arrest often starts when a law enforcement officer pulls you over for a traffic violation committed under the traffic law. However, the officer must have probable or reasonable cause to warrant the traffic stop, meaning that he cannot stop you based on a hunch. This article expounds on the situations where law enforcement officers are mandated to stop a driver and what this means for potential DUI arrests.
According to the traffic law, law enforcement officers are permitted to stop a vehicle that is suspected to have violated a traffic law. This includes traffic violations such as failing to stop at a red light, over-speeding, and swerving, among others. Moreover, even equipment violations like missing license plates or faulty brake lights can warrant a traffic stop.
Drivers are often surprised to find themselves facing DUI charges after being pulled over for equipment violations. However, this can happen since the law enforcement officer is permitted to conduct a DUI investigation during the traffic stop if they have reasonable suspicion that you are driving under the influence of intoxicants. During the investigation, the officer may look for signs of intoxication such as bloodshot eyes, slurred speech, and the odor of alcohol. If the officer suspects you are intoxicated, they will conduct field sobriety tests or use a drug recognition expert to determine if you are impaired.
Drivers can challenge the basis for a traffic stop by filing a motion to suppress evidence in court. However, for the motion to be granted, it must be proved that the traffic stop was not warranted. If the motion is granted, the prosecution’s evidence obtained cannot be used to proceed with a DUI charge.
In conclusion, knowing what situations warrant a traffic stop and how they connect to DUI arrests can help drivers avoid facing arrest and charges. It is also essential to know the legal options available to challenge a traffic stop. If you have been arrested for DUI charges after being pulled over, contact Todd Spodek Law Firm for a free consultation with an experienced DUI lawyer.
| Topic | Description |
| Police Right to Stop Vehicles | Explains the situations where law enforcement officers are mandated to stop a driver |
| Equipment Violations and DUI Arrests | Expounds on how equipment violations can lead to DUI arrests and how officers investigate for signs of intoxication |
| Challenging Traffic Stops | Outlines the legal options available to drivers who wish to challenge a traffic stop |
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