Can they give me a DUI without probable cause?

Business 4 views 3 answers
We stop by McDonald around 230am to buy food. My friends in the back seat sell at the machine and order 2 $1 burger. On the exit of the drive-thru, the officer wave us down. Didn't tell me the reason why he wave me down or anything.

Attorney Answers

3
Daniel Grupenhagen ·
PC for arrest is determined by the police. PC for the legality of the stop is for a judge to decide. You'll need a good criminal defense attorney to file the motion for you in court, and to handle the dmv hearing for you. If the court decides there wasn't PC, the case should be dismissed.
0 upvotes
Robert Driessen ·
From what you have said it seems that your case may be dismissed by filing a 1538.5. You will need an attorney to do this. Robert Driessen
0 upvotes
Reynaldo Pulido ·
PC is an absolute requirement before the DA can move forward with their case. It is their duty to show that there was probable cause for the stop. The facts as you have listed them would seem to indicate that there was no probable cause. However, it is also very important to know exactly what is in the police report, if the officer bothered to fill one out. It is not uncommon for officers to do a spotty job documenting why they initiate the stop in the first place. Again this is crucial for the the DA to move forward. It is extremely important that you contact an attorney ASAP. Only an experienced DUI attorney that is aggressive will know what to look for and also how to hold the DA responsible for proving their case.
0 upvotes

People Also Asked