Alabama DUI Probable Cause
Probable cause really affects law enforcement officers in DUI cases. Every police officer in Alabama, under the law, must have probable cause before he or she can stop a vehicle, arrest and detain a person. This means that the officer (who should be in a reasonable state of mind) believes that a person is either about to commit a crime, is in the act of committing a crime, or that they have already committed a crime.
For example, an officer cannot stop a vehicle simply because he or she has a prejudice against a certain race, religion, sex, etc. The officer also cannot stop a vehicle based on a tip he or she received from a concerned citizen. He or she must actually observe a vehicle breaking a traffic law (speeding, swerving in and out of lanes, etc) or committing any other type of crime.
What happens if the officer did not have probable cause to stop me, detain me or arrest me?
In short, if the officer did not have probable cause in your DUI case, your attorney may be able to suppress the evidence against you in court. If you believe you were charged with DUI due to a lack of probable cause, immediately contact DUI defense attorney Whitney A. Polson. With years of experience representing clients charged with DUI, defense attorney Whitney Polson will make sure your rights are protected.
In DUI cases, evidence is crucial to the prosecution’s claims that you were DUI. Whether they have a breath test result or field sobriety result saying that you “failed” testing, your attorney Whitney Polson can make sure such evidence never makes it in front of the eyes of a judge or jury. Any time evidence is illegally obtained, it can be suppressed.
Remember, that under the 4 th amendment of the Constitution of the United States, all citizens are protected against illegal searches and seizures.