Constitutional Defenses
Police Didn’t Read My Miranda Rights
Police have to give you the Miranda advisement only when you are in custody and being interrogated. If you were asked questions after being arrested, then Miranda should have applied. If the police violate your Miranda rights, your post-custodial statements will likely be excluded from evidence.
Weaving Doesn’t Always Justify A DUI Traffic Stop
Many DUI traffic stops occur because the officer claims to observe the DUI suspect weaving within his/her lane, tires touching the fog line or yellow lane divider, or briefly encroaching into the neighboring lane. Courts have ruled that this may not justify the DUI traffic stop. If the court determines that your traffic stop was not justified, the entire DUI case will most likely be dismissed.
The Police Officer Lacked Justification To Make The DUI Traffic Stop
Police officers cannot pull you over arbitrarily. To conduct a lawful traffic stop, the DUI officer must provide “specific articulable facts” indicating a “reasonable suspicion” that you were committing a traffic violation. You are entitled to a “suppression hearing” where a judge determines whether the DUI officer can meet this standard. If he cannot, it’s likely your DUI case will be dismissed.
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