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Probable Cause

Pittsburgh Drunk Driving Defense Attorney

Probable Cause in a DUI Case

Periodically, we hear stories about a law enforcement officer who has made the most DUI arrests in a single year. Often, it's the same officer who wins this award year in and year out. Do they work harder? Are they luckier or more diligent? Typically, no. Usually they are playing fast and loose when it comes to the issue of probable cause.

Attorney Blaine Jones will carefully review all of the facts and circumstances of your arrest – and that includes probable cause for your traffic stop. An officer must have a reason for stopping your vehicle – and it's not illegal in Pennsylvania to weave within your own lane of travel. These marked lane violations, turn signal violations, and other alleged infractions are used to stop your vehicle and initiate a DUI investigation. Cruiser cams and other evidence may be used to contradict an officer's testimony. And an officer's history may also shed light on whether he uses profiling or other illicit measures in conducting traffic stops.

Illegal Stops and Wrongful Arrests in Pittsburgh DUI Cases

This is a critical area of DUI defense. The experience of your chosen defense attorney will play a vital role. In social settings, many officers will discuss their reasoning for making stops. As we've said, stopping commercial work trucks out after dark is a fan favorite – cops assume a work crew hit the bar for happy hour and are making their way home. This is illegal. But veteran officers can be just as savvy as veteran defense attorneys – proving rules were violated takes experience, tenacity and a thorough defense.

Probable Cause Issues in Pittsburgh Dui Cases:

  • Traffic Stop: An officer must have legitimate reason for stopping your vehicle.
  • DUI Investigation: An officer must have reason to suspect you are driving under the influence before requesting that your perform field-sobriety tests or submit to a breathalyzer.
  • Anonymous Reports: An officer lacks probable cause when stopping a vehicle based on an anonymous complaint.
  • DUI Checkpoints: Because a motorist forfeits probable cause rights at a DUI checkpoint, such roadblocks must be conducted in strict accordance with the law.

If you've been charged with driving under the influence, call Pittsburgh criminal defense lawyer, Blaine Jones, for a confidential consultation.

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