Hello and welcome back to the blog here at Dan DuBois Law. Here on the blog, we like to distribute available information to the public to help educate the populace of WNY. Today, we will talk about contesting probable cause in DWI stops, which could make your traffic stop illegal.
If you've been arrested for a Driving While Intoxicated (DWI) charge, it is crucial you speak with an expert New York DWI Attorney, especially from Dan DuBois Law, for legal advice and guidance. DWI can carry significant penalties if you don't have proper representation.
The most effective way to ensure that you never have to worry about the guilt and penalties associated with a DWI is to never drink and drive. Mistakes happen though, which is why here at DuBois Law, we understand, we never judge. If you or someone you know is charged with a DWI or DWAI please don't hesitate to reach out as soon as possible. Getting in touch with a reputable DWI defense attorney right away is imperative to try and get the best outcome for the case that we can. The earliest decisions you make may influence the end result, so don't delay!
A Typical Legal Traffic Stop is Routine But Be On Guard
Most often, your interactions with the police will start and end with traffic stops, most of which are fairly routine. Remember though, the police officer is not your friend, they are pulling you over to collect evidence that a crime was committed. Many arrests come from otherwise routine traffic stops, and your interactions here matter. You should be respectful - if an officer asks you to provide your information you do have to, but you should avoid answering questions and remain in your vehicle unless instructed to get out. Especially the infamous “Do you know why I pulled you over?” That question is so the officer can try to nail you on a second offense by your own admission.
Remember that you can ask the officer why you were pulled over. They may not answer, but it does establish that you won't just give them every bit of incriminating information. If you are asked to exit the vehicle, do so and then roll up your windows and lock your door, and once you're outside ask the officer why you were asked to exit/why you were pulled over.
Avoiding Additional Trouble When Pulled Over
They'll go into the probing questions - where are you coming from, where are you going, what are you up to today, etc. These are to try and pry information from you, you do not need to answer them. Don't lie, but politely say you won't be answering those and related questions.
Police officers have the power and authority to approach and ask questions about who you are and where they're going, as long as there exists a valid reason that isn't random or discriminatory. This interaction must be brief and the officer can't harass or intimidate the person for it to be considered a simple information request under the DeBour standard (it is worth noting DeBour has several standards, we are talking primarily about the standard for officers acquiring information).
Vehicle Searches and Consent: Know Your Rights
Remember that you don't need to give an officer consent to search your vehicle. Not giving the officer consent does not equal that officer having probable cause to search. If the officer already had probable cause, they wouldn't be asking to search your car, they would be searching it. If they claim to have probable cause for the search and go for it, let your lawyer fight that battle in court. Your Fourth Amendment rights are important, remember not to waive them even if you think you have “nothing to hide”.
If your refusal leads to the officer saying they'll get a K-9 unit to walk your car, remain calm and respectful. Ask the officer politely if you are being arrested or detained. If you are being detained, the officer must answer. If they don't, ask if you are free to leave and go. When you ask this question, you demonstrate to the officer that you know your rights, which could push the officer to either give you a ticket and move on or let you go.
Suppressing a Search Warrant
If an officer lies, materially misrepresents the truth, or omits critical information, a search warrant they had received could have its evidence suppressed. It isn't automatically thrown out but goes to a hearing to determine if the action was done either knowingly or intentionally, or with a reckless disregard for the truth. If so, it could then get successfully suppressed.
DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS, AND THE OUTCOME OF YOUR PARTICULAR CASE OR MATTER CANNOT BE PREDICTED USING A LAWYER'S OR LAW FIRM'S PAST RESULTS. EVERY HYPOTHETICAL SHARED HERE IS JUST THAT, AND ANY CASES REFERENCED ARE FOR INFORMATIONAL AND EDUCATIONAL USE AND DO NOT CONSTITUTE LEGAL ADVICE. EACH CASE IS UNIQUE AND SHOULD BE EVALUATED THROUGH A PHONE CALL OR MEETING WITH DANIEL DUBOIS, WITHOUT COMPARISON TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.
Reach Out Today!
Facing any charge is a stressful endeavor. If you or someone you know needs a criminal defense attorney, don't hesitate to reach out to DuBois Law. You're innocent until proven guilty.
Remember to stay up to date with our blog, where we regularly go over these higher-level looks at NY Law, go over the process of arrest, and more. Don't just take our word for it, check out our Testimonials and Google Reviews! Everyone deserves the best representation to prove their side, which is why we have financing plans to be flexible for you.
Save yourself the trouble of searching “best criminal defense lawyers near me,” remember to call Dan DuBois Law at (888)-NT-GULTY [(888) 684-8589] or fill out a contact form. Get your FREE consultation today.