The Unlawful Police Stop in a DUI Within Atlanta

The Unlawful Police Stop in a DUI Within Atlanta

When a DUI officer pulls you over on suspicion of drunk driving, it’s essential to know your rights. If the stop is a result of an unlawful police stop, you are entitled to suppress the evidence obtained. If the evidence is suppressed, the state cannot proceed with the DUI case. This means the state cannot prove that the driver was driving under the influence of alcohol, but instead has to prove that he violated traffic laws.

During the discovery process, an Atlanta DUI attorney will carefully evaluate the evidence the prosecution has against you. If necessary, the lawyer will file a motion to suppress evidence obtained during the stop. This motion will challenge the police’s decision to arrest you, the standard field sobriety tests administered, and the legality of the stop itself. As the case progresses, your Atlanta DUI attorney will review the evidence and schedule your trial. The entire process may take months to complete.

An unlawful police stop occurs when a driver is not legally intoxicated. In such cases, a person’s rights are violated. The person must have probable cause for the arrest, including a blood alcohol level over the legal limit, and the police should also have probable cause to arrest them. Additionally, a police officer must have a valid reason to arrest you, such as a failed breathalyzer test or refusal. In some cases, police officers may violate one’s rights in an unlawful police stop, and this can result in a conviction. This is why it’s crucial to hire a lawyer who knows how to defend their clients’ rights.

A traffic violation can turn into an investigation, and even an innocent traffic stop can be expanded into a felony. It’s a police officer’s job to enforce traffic laws, and if they smell alcohol, they may extend the scope of the traffic stop. While the police officer may not be able to prove that the officer was intoxicated, you can still challenge the citation in court.

An officer’s beliefs are irrelevant. The officer’s beliefs must be reasonable. Moreover, the duration of the stop should not be more than necessary, and the search should not be more intrusive than necessary. This is a difficult test to pass, but it is possible to win your case. In Williams v. State, a police officer pulled a motorist over for suspicion of illegal activity.

If you’re stopped for DUI within Atlanta, ignoring the officer and being rude won’t help your case. It’s better to cooperate with the police officer, rather than fight it and risk getting yourself in trouble. Remember, the police officer is not trying to steal your car, so don’t be rude! A rude police officer is unlikely to want to give you a second chance to leave.

If you’re arrested for DUI, your right to speak with an attorney is limited. A DUI lawyer in Atlanta can help you develop a strong defense strategy. The more effective and successful your defense strategy is, the better your case is likely to be.