Can I be charged with a DUI but not given a reason for being pulled over? 63 Answers as of February 24, 2012

I'm being charged with DUI, but when I was stopped I was not given a reason as to why I was pulled over. I was not swerving, speeding, or anything. I asked several times and was ignored. Can I get this dropped?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It depends. You will need to see the police report as you have by now to see if the detention was lawful. A good attorney would know. The fact that the cop didn't tell you the real reason does not matter.
Answer Applies to: California
Replied: 9/19/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
The officer had to have reasonable suspicion to initiate the stop under an objective standard, so, yes, if the officer cannot articulate facts to justify the stop, the case is due to be dismissed. You need a lawyer to help. Stay well.
Answer Applies to: Alabama
Replied: 6/24/2011
Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
In WA an officer must have probable cause to stop you and this involves some traffic infraction or equipment malfunction.
Answer Applies to: Washington
Replied: 6/17/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Once arrested for DUI only a Court may dismiss the DUI. State or municipal prosecutors vigorously prosecute all DUI's and are not normally amenable to dismissing same. I promise you that in court, if the matter is tried, the police officer is going to state a reason for having pulled you over. It can be anything from a seat belt violation, tag light burned out, headlight burned out, crossed the fog line, crossed the center line, swerved on the roadway, improper passing, improper lane change (no turn signal). suspicious vehicle (matched the description of a vehicle used in a bank robbery two months ago), etc.. In the event that the police officer is unable to articulate a reason for having pulled you over then you may have a chance of winning your case.
Answer Applies to: Alabama
Replied: 6/17/2011
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
The police can charge you with DUI, but they should have some reason for stopping you in the first place. If they do not, you may have a good Motion to Quash the arrest. However, you must hire an attorney to represent you, he will be able to acquire the police reports concerning this incident, and he can determine if any probable cause was present for the officer to make the arrest. Merely not issuing a citation does not necessarily mean he did not see you commit a violation of the traffic laws, let your attorney determine what happened, and how to proceed.
Answer Applies to: Illinois
Replied: 6/17/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    The prosecutor would have to prove that you were driving while intoxicated and that the police legally stopped the vehicle. You should hire an attorney- maybe a motion to dismiss would succeed.
    Answer Applies to: New York
    Replied: 6/16/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Whether they actually told you the reason or not, the police will have to include their probable cause for stopping you in the report. Whether or not this was valid probable cause will depend on the facts and circumstances involved. The fact that the police did not tell advise you of the reason for the stop is not grounds for getting your case dismissed.
    Answer Applies to: California
    Replied: 6/16/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You should consult with a local DUI defense attorney who will be able to consider the specific details of your case and whether or not it might be possible to request that the case against you be withdrawn and dismissed. If there was, in fact, no probably cause for the police officer to pull you over, then you may very well be in a good position to have your charges dropped. Every case is different, though, and the specific details of your case will determine this. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/16/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes, you can be charged the question is whether or not the stop was valid. Cops don't want to tell you why they stopped you so that later they can think up a justification if challenged. Did this happen in Collin County? If so, look at my website, you can get my phone, e-mail and info there. I would be happy to go over the details with you to see if there is a suppression issue.
    Answer Applies to: Texas
    Replied: 6/16/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes you may not have been given a reason for being pulled over but your attorney will have to look at the police report to see what the police are claiming for why you were pulled over. If after looking at thta and what you are saying and talking to any witnesses, then he might file a motion to dismiss for lack of probable cause. It depends on the facts.
    Answer Applies to: Michigan
    Replied: 6/15/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    If you or your attorney would challenge the stop the Officer would have to articulate the reasonable suspicion necessary to detain. Technically, if a stop was made without reasonable suspicion then any evidence of a crime discovered after the stop, ie the evidence of intoxication, could be excluded from evidence. Having said that, it is just too easy for a witness to claim the stop was for speeding. Even if not disclosed at the time, a stop for speeding is reasonable, and very difficult to contest. Good Luck.
    Answer Applies to: California
    Replied: 6/15/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    If the DA files, you will need an attorney.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The police need probable cause to pull you over.
    Answer Applies to: California
    Replied: 6/15/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    If there was no "probable cause" to pull you over, you may be able to have the case dismissed on what's called a suppression motion. If you want a free consultation or more information, call me.
    Answer Applies to: Colorado
    Replied: 6/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police do not have to tell you why they pulled you over or answer any of your questions. Your attorney can run a suppression hearing to challenge the legality of the stop. The police will testify as to why they stopped the vehicle and indicate whether there were any traffic violations or tickets issued. It is very rare to have the case dismissed based on an illegal stop, but that depends on the testimony of the officer and the skill of your attorney. You will likely plead to an Impaired violation if the BAC test was under .13 and go to trial if it was a refusal or over .13. You should retain an experienced criminal attorney if you can afford the fee, if you are indigent the court will appoint an attorney or Legal Aid will handle the case. If you would like a free consultation call me.
    Answer Applies to: New York
    Replied: 6/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The answer to your question depends on what is in the officer's report. Someone may have observed you weaving or so other type of abnormal driving pattern. It may be your tabs were expired, you had a bad tail light or some other equipment violation. The court will not automatically dismiss a charge simply because the officer fails to tell a suspect why he or she was stopped. Once you have an attorney and that person reviews the police report, he or she will be able to determine whether the cop stopped you for a legitimate reason or on the basis of some pretext. In the State of Washington, it is illegal for an officer to make a traffic stop based on a pretext or some other reason other than a legitimate reason, or because he or she uses a facially valid reason but in reality an excuse to stop or detain you for some ulterior reason. A typical example would be an officer stop in a neighborhood known for drug trafficking where the officer really wants to search the vehicle but says the stop was because a license plate is partially obscured. If the defendant can prove the cop went straight to questions about drugs, the defendant may get the court to throw out the stop. What that means is even if the officer finds drugs, the court will not allow the state to use the evidence of drugs. Likewise, if an officer has a hunch that a driver is DUI, that hunch alone does not justify a traffic stop. However, something as simple as a broken tail light may be enough to justify the stop without any evidence that the stop was pretextual.
    Answer Applies to: Washington
    Replied: 6/15/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Can you be charged? Of course, and you were. There is no requirement that police explain anything to you. However, they will have to prove their case in court to convict you. CAN the case end up being reduced or dropped? Of course. Is that likely, just because they didnt explain anything to you? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight. If there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to defend the charges and keep the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea, reduction or dismissal. Also, effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. You won't know until you consult with counsel with ALL the facts. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/15/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The reason for your stop will be in the offense report for your lawyer to read. While the officer should have told you the reason he was stopping you, the fact that he did not is not a basis for dismissal.
    Answer Applies to: Texas
    Replied: 6/15/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    The police are under no legal obligation to supply to you at the time of your arrest a reason for the stop. They are however required to fill out reports that set forth their actions that led up to your stop and thereafter. These documents are required to be turned over to your attorney at which time you can review them. Good Luck
    Answer Applies to: New York
    Replied: 6/15/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    The cops will put the reason they pulled you over in the police report. You can hire a DUI lawyer to fight the case, and specific to your question challenge the stop with a motion to suppress the evidence against you for an unlawful stop.
    Answer Applies to: California
    Replied: 6/15/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In Michigan, there must be probable cause to make a traffic stop. There is no requirement that you be told of the probable cause. This should however be part of the police report. You shoul have your case reviewed by your attorney who can see whether a motion could be filed to dismiss if there is a lack of probable cause to stop.
    Answer Applies to: Michigan
    Replied: 6/15/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    It probably will not be "dropped" but it could be a basis for being dismissed if the Court finds there was no legitimate reason to pull you over in the first place. Usually, you get another ticket for some traffic violation, but without it, you sound like you have a good chance. Hire a good experienced criminal defense lawyer and fight it all the way. Good luck.
    Answer Applies to: New York
    Replied: 6/15/2011
    Sharifi & Baron
    Sharifi & Baron | S. Yossof Sharifi
    The initial stop is the primary method a good DUI attorney will attack a DUI with. But keep in mind I said "Good DUI Attorney." There are so many bad attorneys out there that they will not fight for you even if you have good issues in your case. Remember though, just because the officer didn't tell you what he pulled you over for doesn't mean there wasn't a reason. Do your research and hire a good DUI attorney.
    Answer Applies to: Utah
    Replied: 6/15/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    The officer is required to have had an articulable basis for having stopped you. Get his report and see what he put down as his reason. If he noted none, you have a basis for a motion to dismiss.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    " Probable Cause " to stop you is a requirement. If it wasn't there the stop was illegal and the case will be thrown out. However the Police are not required to tell you what the " Probable Cause " was at the scene. Usually what will appear in the report is some sort of erratic driving. A good attorney will review the report and discuss strategy with you as the case proceeds.
    Answer Applies to: California
    Replied: 6/15/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The officer's reports should be able to clarify the original reason for the stop. You should consult with an experienced attorney, as he may be able to file a motion to suppress the stop if there was no reason to stop you.
    Answer Applies to: Kansas
    Replied: 6/14/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    I don't think the police officer necessarily has to give you the reason why he pulled you over at the time of the stop. I'm fairly confident that there will be a reason in the police reports that he send along to the DA's office and are provided to you and/or your lawyer. It may be something that actually happened, it may be something that maybe only happened in the cop's imagination. There are hundreds if not thousands of minor little traffic infractions in the vehicle code and any number of these can be used to pull over a person (my favorite Oregon traffic violation is "Failure to Signal Within 150 Feet of a Turn," pretty much everyone in the state does that on a routine basis and yes, a cop can pull you over for it). In Oregon it is perfectly legal for a cop to pull you over for a traffic violation just so he can talk to you about something he really wants to talk to you about (like "why are you out driving on a deserted street right after all the bars have closed" or "do you have drugs or guns that we might want to know about"). This is called a "pretext stop" and like I said, it's perfectly legal in Oregon, at least, unfair, but legal. Now at some point he does have to tell someone be it a judge or jury why he pulled you over, but I suspect it will be in his report.
    Answer Applies to: Oregon
    Replied: 6/14/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    If the offer did not have a reason to pull you over, this may create a defense to the DUI. However, when you get the police reports, I bet the officer has included his reason for pulling you over. The fact he didn't tell you why he stopped is probably not too important.
    Answer Applies to: Washington
    Replied: 6/14/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    They have to have a valid reason to pull you over, they do not have tell you, but they will have to tell me because I will file a motion to suppress to get the answer.
    Answer Applies to: Nebraska
    Replied: 6/14/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    A police officer is not required to tell you why you were stopped. The arrest report will provide a detailed account of the incident. An experienced dui attorney can review the case and determine if there are avenues to dismiss the case.
    Answer Applies to: Connecticut
    Replied: 6/14/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Potentially. You have to consult an attorney who with all of the facts (including the police/offense report) and give you your realistic defense options.
    Answer Applies to: Colorado
    Replied: 6/14/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    The Officer will have to show probable cause in his report. To deal with this you need an attorney.
    Answer Applies to: California
    Replied: 6/14/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    You are presumed innocent until proven guilty. The prosecutor would need to prove their case against you beyond a reasonable doubt. Whether there was a valid traffic stop is often an issue with any traffic offense. If the arresting officer issued you a ticket, that most traffic tickets contain information regarding why you were stopped. There could be notations regarding a civil infraction that may or may not have been actually charged. There may be notes on the ticket. Additional information regarding your traffic stop could also be found in your police report or other supporting documents for your charges. I would recommend that you retain an attorney to assist you with this matter. If you cannot afford to retain an attorney, the court may appoint you one at the public's expense, depending upon availability.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    A police officer must be able to identify some grounds for stopping your vehicle. If the officer does not have a valid reason to stop your car, then the evidence that officer obtained from the stop must be suppressed, which generally leads to a dismissal of the charges.
    Answer Applies to: Minnesota
    Replied: 6/14/2011
    Deal & Hooks, LLC
    Deal & Hooks, LLC | Shawn P. Hooks
    An officer must have grounds to pull you over. Usually this is based on the officer observing you violating a traffic law. Without this legal justification the stop is not a valid stop and any evidence the officer obtained as a result of the stop must be thrown out. That being said, an officer is not under an obligation to tell you why he pulled you over at the time. If you did not violate any traffic laws, and the officer did not observe you walking to your car in a drunk manner, it is possible this can be dismissed. You should contact an attorney to discuss your options.
    Answer Applies to: Ohio
    Replied: 6/14/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    It can if the police officer did not have probable cause or a reason to pull you over such as an expired inspection or tag. It is likely he will provide the reason on the incident report. Probably good to hire an attorney to evaluate the case on this argument.
    Answer Applies to: Pennsylvania
    Replied: 6/14/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Technically, in my opinion, the officer did not have to respond to your question, but it might be indicative of problems in the case. You should retain an experienced criminal lawyer to check into this issue, as well as to advise you as to all your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 6/14/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    The officer must have a legal reason to stop you, but he doesn't necessarily have to tell you what it is. If he is not able to articulate a legal reason for the stop in court, that would certainly give you a defense.
    Answer Applies to: Georgia
    Replied: 6/14/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If the officer did not have justifiable reason for the traffic stop, any evidence obtained from the stop could be suppressed upon proper motion to the court. Just because the officer did not tell you why he pulled you over does not automatically invalidate the stop. You and your attorney should review the police report.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Your attorney will be able to obtain the discovery and look for any defenses that could be brought as a motion in front of the judge. Always good to examine all angles.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    The reason that you were stopped is very important in a DUI case. The officer will have to explain why he pulled you over. He must show that he had a "reasonable, articulable suspicion of criminal activity." The Courts have said that this can not be a "mere hunch or speculation" that you may have been breaking the law. It can be as simple as a tag light being out, but it must be some indication of something unlawful going on. If the officer can not explain why you were stopped, then the case should be dismissed. But, it is rare that they don't come to Court with some reason for the stop. I suggest you get a copy of the arrest report and take it to a lawyer in your area for a consultation. Good luck.
    Answer Applies to: Georgia
    Replied: 6/14/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    Yes. The police do not have to tell you when they stop you, though they often do.
    Answer Applies to: New Jersey
    Replied: 6/14/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    I would have to see the ticket and the police report, but there has to be a reason to stop you.
    Answer Applies to: Ohio
    Replied: 6/14/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    Not for just being given no reason for the stop at that time, there will be a reason listed on the police report.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It's possible that it was a bad stop. That is one of the things we look for in any OUI. Even if the stop was good there may be other things we can look at. The point is you need a lawyer to protect your rights. Even if the stop was illegal, it requires a motion to dismiss that must be brought before a judge, which the prosecution will certainly fight. You can't just tell the judge what you wrote here and have him say "Your right, go home." If you would like to discuss your case in more detail you can call me. There is no fee for the telephone consultation.
    Answer Applies to: Massachusetts
    Replied: 6/14/2011
    Lowenstein Law Office
    Lowenstein Law Office | Anthony Lowenstein
    The Officer must have a reason (probable cause) to pull you over - or your case can be dismissed. For more information, please see my website.
    Answer Applies to: California
    Replied: 6/14/2011
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    When court proceedings begin - at arraignment - the other side has to disclose what's called "Discovery" to you. In simple terms, you'll get your hands on the police report and discover why the police felt they had reasonable suspicion to stop you the night in question. In situations where there is no reasonable suspicion or the police motive seems contrived, a defense attorney uses a PC1538.5 Motion to Suppress evidence. If successful, evidence obtained cannot be introduced - field sobriety tests, chemical test results, etc.
    Answer Applies to: California
    Replied: 6/14/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Having a good criminal defense attorney working for you may be your best option when faced with this situation. Hiring your attorney will give you an opportunity to discuss the exact details of the traffic stop and he can try to get the case thrown out.
    Answer Applies to: Hawaii
    Replied: 6/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The cop is not required to tell you. All that is required is that the reason for the stop is included in the police report. Consider hiring an attorney to do a 1538.5 probable cause motion to dismiss.
    Answer Applies to: California
    Replied: 6/14/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    If the police didn't have a legitimate basis to pull you over, the charges will probably be dismissed. But almost everyone on the road is violating some petty traffic law. Talk to your lawyer about filing a motion to suppress.
    Answer Applies to: Oregon
    Replied: 6/14/2011
    The Law Office of Rosanne Faul
    The Law Office of Rosanne Faul | Rosanne Faul
    You may still be charged with a DUI. However, if the police did not have a legal reason to stop you, there may be a valid Motion to Dismiss your case.
    Answer Applies to: California
    Replied: 6/14/2011
    The English Law Firm
    The English Law Firm | Robert English
    The question is fact specific. You can file a Motion to Suppress Evidence. In California, this is called a 1538.5 motion. The prosecution will respond with the officer's testimony as to the reason he pulled you over. It is then up to the judge as to whether there was sufficient cause for a traffic stop. If you win, then the case is likely over. If you lose, it keeps going.
    Answer Applies to: California
    Replied: 6/14/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    The officer has to have reasonable suspicion or otherwise he cannot pull you over. Just because he doesn't tell you why he pulled you over doesn't mean he didn't have a legally justifiable reason. If he did not cite you for the infraction that led to you being pulled over, he will have to indicated it somewhere in his report and/or on the witness stand at a trial or hearing if it goes that far. He doesn't have to tell you the reason why he's pulling you over, but officers do and should, but they are not required to. In order to see if there are grounds to challenge to stop, you need to retain an experienced DUI attorney to review the police report and evidence against you. The investment will be well worth it.
    Answer Applies to: Michigan
    Replied: 6/14/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    They actually have to have a legal reason to pull you over. They can;t just pull you over indiscriminately.
    Answer Applies to: California
    Replied: 2/24/2012
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    It is possible that you can get the case dropped. You will need to hire an attorney to assist you. The police report will have the reason you were pulled over.
    Answer Applies to: California
    Replied: 6/14/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    You need to be a motion to dismiss based on no reasonable suspicion to pull you over.
    Answer Applies to: Utah
    Replied: 6/14/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, I don't think you can get this DUI charge dropped, not without a lawyer representing you, that is.
    Answer Applies to: Virginia
    Replied: 6/14/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    In Minnesota, the officer has to have a specific, articulable basis to pull you over. Each case is determined based on it's individual facts. Since you have concerns about the legality of the stop, you should consult an attorney to discuss your options. There are numerous serious consequences for a DWI, so take the time and effort to look into this immediately.
    Answer Applies to: Minnesota
    Replied: 6/14/2011
    Tracy L Henderson, Attorney at Law
    Tracy L Henderson, Attorney at Law | Tracy L. Henderson
    It depends. If there is a fourth amendment violation, in that your right to be free from unreasonable search and seizure, yes the court will dismiss possibly after a PC 1538.5 motion. However, the court may deny the motion and you are then faced with the DUI charges. You should consult counsel.
    Answer Applies to: California
    Replied: 6/14/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If the cop did not have any probable cause for stopping you, it is possible to get the charges dismissed. This is often done by what is called a 1538 suppression motion. If that is successful, then everything after the stop basically goes away, including the charges. Feel free to contact me through 1duilawyer.com if you would like to discuss your case in more detail. Keep in mind that often there are a few rounds of discovery that may occur prior to the suppression motion being brought, so it may not be a situation where the charges are dropped on the first court date.
    Answer Applies to: California
    Replied: 6/14/2011
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