How does a lawyer go out a cop Did not Have proving probable cause to pull over for DUI Someone.
I'm not in "any disorder or Anything, I Just Have a hard time believing a lawyer CAN PROVE Did not Have That cop has probable cause to pull Someone over.Couldn 'ta cop just say driving erratically They Were, how do you this Their word PROVE Which should "Always hold up?
Lavelle Vanhyning says...
A pullover does not constitute a search, so it does not need probable cause to justify.A police officer can pull over anyone who they believe needs to be evaluated. (The term used is a "reasonable suspicion")
This simply means that the officer can reasonably think that the person in the car may be breaking the law, even if it is not the law arrested for.
If you have a DUI with a breathalyzer result you will not win this because chances are that your driving did show some signs of intoxication which police are trained to look for.
The burden of probable cause is used in instances when a vehicle or building is searched without consent from it's owner.
For example alcohol on a person's breath would give probable cause for an officer to search a car for open bottles of alcohol.
Posted on December 8, 2011
