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Unlawful Police Stops

Pittsburgh DUI Lawyer

Protection from Unlawful Police Stops

According to the Fourth Amendment in the United States Constitution, a law officer must have probable cause before searching and seizing any person or their property. This applies to drivers out on the road as well. It is illegal for a police officer to stop a vehicle without reason, such as if the driver was violating traffic laws or suspected for being involved in a crime. In the instance that an officer pulls someone over, questions and then arrests them without probable cause, this can be reason enough to have any charges cleared. As long as the court approves the motion that the officer was not in compliance with the law, the prosecution's case against the accused individual is often dismissed.

Understanding Probable Cause

Many people believe that police officers are somehow above the law and that any actions they take must invariably be legal. While most of their actions are warranted, they are not simply able to do as they please, stop whoever they like and arrest people without probable cause. There must be at least some evidence pointing to the fact that an individual is acting in an illegal manner before they can stop them.

Another way in which a police officer would have the right to stop a vehicle is if they are violating some kind of traffic law. This can include such offenses as speeding, driving aggressively, failure to stop at a light or any other action that does not line up with Pennsylvania State driving laws. Additionally, body damage to the car, expired license plates, and broken headlights can also be enough reason for an officer to pull a driver over. They cannot; however, simply wait outside restaurants and bars for individuals to get in their car and then pull them over without first observing their driving.

DUI Checkpoints

Checkpoints set up by law enforcement to check drivers' sobriety are legal under the U.S. Constitution and are the one exception to the rule of probable cause. This does not mean that law officers can simply being pulling random people over claiming that it is a DUI checkpoint. There must be a systematic routine in which they are stopping many drivers, not just choosing cars based on arbitrary reasoning.

Typically these sobriety checkpoints are set up around holidays or on particular weekends as a means to help deter individuals from driving drunk. While these officers have a right to check your level of sobriety, they must still handle things in a professional manner and in a certain order. Talk with a knowledgeable Pittsburgh DUI attorney at our firm if you believe that your rights were violated by a law officer.

Obtaining Reliable and Aggressive Representation

Successfully defending and dealing with over 4,000 preliminary hearings and 10,000 criminal cases overall, Attorney Blaine Jones has the experience necessary to fight for your rights. Together with Special Counsel Attorney, Al Burke, who has spent 23 years as a Federal Prosecutor for the U.S. Government, they can work to come up with an exemplary case. Backed by years of practice both in and out of the courtroom, gathering evidence and witnesses on their client's behalf, they have built a reputation as a reliable team

Time is of the essence and it is our desire to see that you can move forward with your life without the added stress of a DUI accusation. Dedicated to your case throughout every step of the way, we aim to produce the results you deserve. 

Do not underestimate the power of a Pittsburgh criminal defense lawyer, but call today to schedule a free consultation.

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