Challenging the Stop of Your Car in DUI Cases

When you are charged with driving while under the influence of drugs or alcohol (DUI), it may feel overwhelming. You may feel you have no option but to plead guilty – especially if you think you may have had too much to drink. But there is always hope, and depending on your unique circumstances, an experienced Roswell and Alpharetta DUI attorney can challenge the sufficiency of test results in cases involving breath, blood, and urine. But challenging the State prosecutor's case against you does not end there.

You should know the law limits the circumstances under which the police can stop your car. If your car was stopped illegally, or if you were legally stopped but subsequently illegally detained, a qualified DUI lawyer may be able to get the charges against you dismissed or, alternatively, the evidence flowing from either of those violations suppressed. So, when you think you don't need an attorney because all hope is lost, think again. You may very well need and want an attorney.

Challenging the Stop of Your Car

The police do not always get things right. They can only stop a car if he or she reasonably suspects a crime is being committed – in this case, possibly a DUI but it could also mean a simple traffic violation like failing to stop at a stop sign. Sometimes, the police overstep their bounds and pull someone over simply because he or she saw the motorist leave a bar at 2:00 am. In these cases, challenging the stop of the car is necessary to preserve the constitutional rights of every citizen.

Stops Based on Officer Assertions

Just because the police claim something as a fact does not make it a fact. For example, a motorist could be pulled over because the police officer claimed the client changed lanes improperly or drove erratically. If the court does not find the officer's testimony credible -- because, for instance, evidence to support the claim was absent -- then the case could be dismissed prior to trial or you could be acquitted at trial.

Stops Based on Traffic Violations

Even if a police officer alleges a traffic violation, it may not be sufficient to support a stop. For example, a motorist can be stopped for failing to signal when changing lanes. The stop was challenged as there was no traffic and therefore no duty to use a turn signal. This challenge led to a reduced charge.

Roadblocks

There was a case where a driver turned into a neighborhood 100 feet prior to a roadblock. The police and the prosecutor argued the conduct was suspicious and provided a reasonable basis for a stop. The court disagreed and the case was dismissed.

If You Have DUI Charges Pending

If you have DUI charges pending, you should know there are a number of ways to challenge the stop of your car as well as challenge other legal issues. You need an experienced DUI attorney on your side to carefully review the evidence the state purports to have against you. As a former DUI prosecutor, Richard S. Lawson and his team know how to recognize constitutional issues that may present themselves.

The attorneys at the Law Offices of Richard S. Lawson have successfully litigated issues relating to the stop of vehicles as well as the unlawful detention of citizens. Of course, every case is different. No particular result can be promised. However, without a careful review of your file, you may not know if you have a legal basis to challenge the stop or not. Contact us today at 404-816-4440 for a free consultation. There is no obligation. We are available 24/7 to serve you and answer your questions about your Roswell and Alpharetta DUI case.