The
Fourth Amendment
has two clauses, the second
of which states that no
warrant shall be issued
except upon probable cause.
The exact meaning of "probable
cause" is not clear
and comes from judicial
interpretations. The following
is the most commonly used
definition of probable
cause
As
applied to drunk driving cases,
this means that a police officer
who stops a vehicle must believe
that the driver of the vehicle
is driving under the influence
before the officer can stop
the car and test the driver.
The police officer operates
entirely on the information
he/she observes. No hunches
or inferences are allowed here.
A DUI case
has 3 stages:
Stage 1:
the vehicle is stopped.
Stage 2:
the driver is detained.
Stage 3:
the driver is arrested.
Here’s
where probable cause becomes
key. If there was no probable
cause to stop the vehicle,
all evidence obtained
afterwards must be suppressed.
Prosecution cannot use
it in court.
In DUI cases, this usually
reduces the evidence to
only the driver’s
voluntary statements or
the officer’s observations.
Under these circumstances,
the case is commonly dismissed.
In
my professional opinion, probable
cause to stop the driver is
almost always subject to attack.
The matter is litigated in court
through Motions to Suppress.
It’s a powerful tool for
the lawyer who knows how to
use it. You’ll find precisely
that kind of lawyer when you
call DUI Terminator, Kenton
Koszdin at 800-Kick DUI. Call
now. You’ll be glad you
did.
