Most of the time when motorists get pulled over by the police, the police officer or state trooper will tell the driver why they pulled them over. In some instances they will ask the driver “do you know why I pulled you over”. At some point during the car stop it will be obvious to you why you are being detained by the police.
The question is, does the failure of the police officer to inform you of the reason why they pulled you over invalidate a DUI charge or DUI arrest?
The police must have a legal reason to pull you over. At the appropriate time they will have to articulate this to the prosecutor and ultimately to a judge at a pretrial hearing, if a hearing is held. If the police officer does not articulate a credible legal reason why they pulled you over then the judge can rule that the “stop” was illegal and that any and all evidence against you that was taken after the stop can not be used at a trial.
Evidence that may not be used against you if the prosecutor fails to establish a legal reason why you were pulled over includes:
1. Results of field sobriety tests such as the HGN, One Leg Stand Test, Walk and Turn Test,
2. Admissions to the police that you were drinking such as “I only had two beers”,
3. Results of breath, blood or urine tests to determine the blood alcohol (BAC) in your system.
In effect your case would be dismissed.
If a police officer pulls you over and fails to inform you of the reason that he pulled you over this does not invalidate your charge or arrest in New York for a DWI.
Some common reasons that the police pull over vehicles are:
1. A computer check reveals that the vehicle registration is expired or suspended.
2. Violation of a local traffic law
3. Passing a red light,
4. Failure to yield to a pedestrian,
6. Careless driving,
7. Reckless driving,
8. Failure to maintain lane,
9. Passing a school bus,
10. Failure to stop at a stop sign,
11. Traffic accident.
There are many other reasons why vehicles are singled out by the police. If you have questions about your case we would be happy to discuss the facts and circumstances with you at length at a free consultation.
If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.