What You Need To Know About Illegal Police Stops And How An Attorney Can Challenge Your OVI Arrest
Law enforcers have a right to pull you over if they suspect you are operating a vehicle while impaired. However, they must have reason to believe that their suspicion is valid. If they don't have a justification for an arrest, you can challenge the charges they prefer against you. An OVI attorney can create a defensive plan to prove that your arrest was unlawful. Here's what you need to know about illegal police stops and how an attorney can challenge your OVI arrest.
How Law Enforcers Make Arrests
The police have a right to set up checkpoints on any road and observe motorists' behaviors. In the process, they can stop drivers who over speed and overtake recklessly. The law enforcers also apprehend motorists who engage in other behaviors that endanger the lives of other road users. More so, they conduct different tests, especially when they think a driver is intoxicated. Following such a test, a positive result may prompt the police to arrest the driver for operating the vehicle while intoxicated. If this happens to you, getting legal help following the police arrest is advisable. A lawyer can investigate the incident and challenge unlawful activities the police may have engaged in when detaining you.
When a Stop May be Unlawful
Law enforcers should only stop you when they have a conviction that you had taken intoxicants before you started driving. However, when suspicion is unavailable, a police stop may be unlawful. This includes situations when a driver may have crossed lanes once or twice to pass or turn. This is because any driver can do this even if they are not intoxicated. Therefore, this should not be a probable cause for arrest. Also, late-night driving should not be a justification for the police to stop you for OVI. You will find that law enforcers usually strop motorists who drive at night because they think they have been drinking. However, these stops are unlawful, and you can challenge their decision when they arrest you.
Some police officers also park near entertainment joints. They then pursue drivers leaving the nightclubs. However, such a move is also unlawful. The police should only arrest someone if they believe they have taken a lot of beer. In such a case, their blood alcohol content level will likely be above the recommended limit. Therefore, the police should not arrest you after leaving a bar if they don't know you are incapable of driving. If they stop and arrest you, your lawyer can challenge their actions.
You can face severe consequences when the police arrest you during an illegal stop. Therefore, consider hiring an OVI lawyer to fight or challenge your arrest. They will gather and present information on how the arrest was illegal when you appear in court. This may convince the judge to drop your charges or fail to hand you a maximum sentence.
Consult with an OVI attorney to learn more.