Probable cause means that an officer had a reasonable suspicion that a vehicle/traffic violation took place. This means they have the right to pull you over. However, there are many defenses against DUI stops that our attorneys can use in your favor. We will help protect your rights. Call our office today.
Defense Against DUI Stops | Probable Cause
Years ago, we handled a case involving an individual who veered outside his lane to avoid a pothole. We were able to establish this fact because we got involved early and took some photographs of the roadway. The Vehicle and Traffic Law and some case law state that a driver can legally move outside the traffic lane to avoid obstructions in the roadway and things of that nature. In that case, we got the charge dismissed because we were able to show that there was no reasonable suspicion that any Vehicle and Traffic Law violation occurred; the driver had a legitimate reason to move outside of his lane.
Defense Against DUI Stops | Blood Alcohol Content
Many officers ask drivers to stand by the roadside and blow into a pre-screening device, sometimes called an Alco-Sensor. If the device registers positive for alcohol, that is another basis for the officer to make an arrest. If you elect to take the test and pass it, the officer cannot charge you for having an excessive blood-alcohol content in your system. If you blow a reading of 0.08 or higher when submitting to the test at the station, that result will be considered probable cause for charging you with DWI for having an excessive amount of alcohol in your blood.
Contact Our Office Today
If you would like to discuss DUI defense with an experienced Hamburg DWI lawyer, please call our office today for a case evaluation.