When police officers turn on their lights, the driver in the vehicle in front of them likely feels anxious. Even those who don’t believe they did anything illegal may start second-guessing themselves. Officers generally need to provide a legal justification for stopping a motorist.
Police officers can issue citations for perceived unsafe driving, excessive speed and failing to indicate the turn in advance. Officers can also arrest people who commit particularly severe traffic violations, such as driving while intoxicated (DWI) offenses.
Frequently, police officers may initiate DWI traffic stops by indicating they believe a person was under the influence. Other times, they may fail to provide an explanation for initiating a traffic stop. If police officers don’t have a valid reason to stop a driver, their conduct could affect the prosecution of that driver.
Lawyers can exclude ill-gotten evidence
Constitutional rights protect people from overreaches by government authorities. Inappropriate searches and seizures are a violation of an individual’s Fourth Amendment rights. The state typically cannot use evidence obtained through inappropriate searches when prosecuting an individual.
If a defense attorney can convince the courts that a police officer did not have appropriate justification to stop a driver, that could affect the usefulness of any evidence acquired during that traffic stop. Under the exclusionary rule, defense attorneys can ask the courts to set aside evidence obtained through inappropriate means.
Prosecutors cannot rely on evidence obtained during an inappropriate traffic stop while building a case against a motorist. A defense attorney can help establish that inappropriate police conduct occurred and can assist a driver accused of a DWI by excluding statements that they made to police, field sobriety test results and even chemical tests from court proceedings.
The elimination of the evidence obtained during a DWI traffic stop could lead to the state dismissing the pending charges or could seriously weaken the prosecution’s case. Understanding the rules that limit law enforcement activity can make a major difference for those accused of drunk driving.
Looking into every viable defense strategy can help people avoid the long-term complications that could follow a criminal conviction. People hoping to avoid a DWI conviction often need help as they prepare to take the case to trial, and that’s okay.
