Can I be charged with a DUI but not given a reason for being pulled over? - Criminal Law Questions and Answers- LawQA.com

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Can I be charged with a DUI but not given a reason for being pulled over?

I'm being charged with DUI, but when I was stopped I was not given a reason as to why I was pulled over. I was not swerving, speeding, or anything. I asked several times and was ignored. Can I get this dropped?

Law Office of Peter F. Goldscheider
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It depends. You will need to see the police report as you have by now to see if the detention was lawful. A good attorney would know. The fact that the cop didn't tell you the real reason does not matter.

Answer Applies to: California
Replied: 9/18/2011

Michael Anthony Wing, P.C.
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The officer had to have reasonable suspicion to initiate the stop under an objective standard, so, yes, if the officer cannot articulate facts to justify the stop, the case is due to be dismissed. You need a lawyer to help. Stay well.

Answer Applies to: Alabama
Replied: 6/24/2011

Law Office of James A Schoenberger
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In WA an officer must have probable cause to stop you and this involves some traffic infraction or equipment malfunction.

Answer Applies to: Washington
Replied: 6/16/2011

Law Office of Richard Williams
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Once arrested for DUI only a Court may dismiss the DUI. State or municipal prosecutors vigorously prosecute all DUI's and are not normally amenable to dismissing same. I promise you that in court, if the matter is tried, the police officer is going to state a reason for having pulled you over. It can be anything from a seat belt violation, tag light burned out, headlight burned out, crossed the fog line, crossed the center line, swerved on the roadway, improper passing, improper lane change (no turn signal). suspicious vehicle (matched the description of a vehicle used in a bank robbery two months ago), etc.. In the event that the police officer is unable to articulate a reason for having pulled you over then you may have a chance of winning your case.

Answer Applies to: Alabama
Replied: 6/16/2011

Timothy J. Thill P.C.
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The police can charge you with DUI, but they should have some reason for stopping you in the first place. If they do not, you may have a good Motion to Quash the arrest. However, you must hire an attorney to represent you, he will be able to acquire the police reports concerning this incident, and he can determine if any probable cause was present for the officer to make the arrest. Merely not issuing a citation does not necessarily mean he did not see you commit a violation of the traffic laws, let your attorney determine what happened, and how to proceed.

Answer Applies to: Illinois
Replied: 6/16/2011

Edward  D. Dowling IV Attorney at Law
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The prosecutor would have to prove that you were driving while intoxicated and that the police legally stopped the vehicle. You should hire an attorney- maybe a motion to dismiss would succeed.

Answer Applies to: New York
Replied: 6/15/2011

Answer By Gabriel Dorman
The Law Offices of Gabriel Dorman
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Whether they actually told you the reason or not, the police will have to include their probable cause for stopping you in the report. Whether or not this was valid probable cause will depend on the facts and circumstances involved. The fact that the police did not tell advise you of the reason for the stop is not grounds for getting your case dismissed.

Answer Applies to: California
Replied: 6/15/2011

Answer By Seth J. Bloom
Bloom Legal, LLC
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You should consult with a local DUI defense attorney who will be able to consider the specific details of your case and whether or not it might be possible to request that the case against you be withdrawn and dismissed. If there was, in fact, no probably cause for the police officer to pull you over, then you may very well be in a good position to have your charges dropped. Every case is different, though, and the specific details of your case will determine this. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.

Answer Applies to: Louisiana
Replied: 6/15/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Yes, you can be charged the question is whether or not the stop was valid. Cops don't want to tell you why they stopped you so that later they can think up a justification if challenged. Did this happen in Collin County? If so, look at my website, you can get my phone, e-mail and info there. I would be happy to go over the details with you to see if there is a suppression issue.

Answer Applies to: Texas
Replied: 6/15/2011

Michael Breczinski
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Yes you may not have been given a reason for being pulled over but your attorney will have to look at the police report to see what the police are claiming for why you were pulled over. If after looking at thta and what you are saying and talking to any witnesses, then he might file a motion to dismiss for lack of probable cause. It depends on the facts.

Answer Applies to: Michigan
Replied: 6/14/2011

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