An arrest for driving under the influence typically starts when a person is pulled over by an officer. They might be pulled over for not following traffic laws or because the officer believes they’re driving under the influence. One of the things a DUI defense attorney in Auburn, Indiana will look at when they take on a client’s case is whether the officer’s decision to stop the accused person was legally sound.
When Can an Officer Stop a Driver?
An officer needs a reason to stop a driver. The reason can be as small as failing to use a turn signal or going into the next lane a little bit before returning to their own lane. Often, DUI charges start as a stop for something else and the officer starts to believe the person might be under the influence after they speak with them a little bit.
How Can It Be Proved the Stop Was Unlawful?
This is going to depend on why the person was stopped, what the police report about the stop said, and what the person was doing when they were stopped. Some cases of unlawful stops are going to be easier to prove than others, but a skilled lawyer will often be able to find a way to prove an unlawful stop was actually unlawful in court or in front of a judge.
What Happens If the Stop Was Unlawful?
If the stop was unlawful, it could have a significant impact on the case. In many cases, it will mean the charges are dismissed since there was no reason to stop the person and, without a reason to stop them, there was no reason to believe they were driving under the influence. In cases where it does not lead to dismissed charges, it could still help the person’s defense.
If you’ve been arrested and charged with a DUI, especially if you believe there was no reason for you to be stopped in the first place, make sure you seek help from a DUI defense attorney in Auburn, Indiana as quickly as possible. Take the time to speak with a lawyer from Yoder & Kraus now or to visit their website to find out more about how a lawyer may be able to help.
