What can one do if the officer had no reason to pull you over? 17 Answers as of June 01, 2015

I was driving on a main street which was close to a row of local bars and I thought I was sober enough to drive. I had given absolutely no sign of impaired driving but an officer pulled me over and asked me to take a sobriety test and a breathalyzer. I had a BAC of .08 and was charged with a DUI. However he had no reason at all to pull me over and I was driving fine. Do I still have to submit to the DUI charges?

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Chambers Law Firm
Chambers Law Firm | Dan E. Chambers
You can file a motion to challenge the detention and subsequent arrest.
Answer Applies to: California
Replied: 6/1/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
No, you can file a motion to suppress the stop. Do you know how to do that?
Answer Applies to: Georgia
Replied: 5/28/2015
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Absolutely you do. Probable cause to pull you over can be just about anything: the speed you were traveling, a cracked windshield, a light out... even a brake light, stop and go driving. There are many reasons. My advice: retain an attorney to help you and be prepared to spend a chunk of money as these cases are expensive and, if convicted, the penalties are substantial.
Answer Applies to: Washington
Replied: 5/28/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
There's no question of 'submission' to the charges. If you move to exclude the evidence on the basis that the officer had no reasonable suspicion to stop you, if you convince the court you might very well prevail. On the other hand, you may not have read the police reports which are likely to say that you were swerving, or crossing the yellow line, or speeding, or whatever, which would create the reasonable suspicion. Find an experienced lawyer: it's almost always worth the investment. Good Luck.
Answer Applies to: Wisconsin
Replied: 5/28/2015
Law Office of John G. Galasso | John George Galasso
You need a lawyer to represent you; He should file a motion to suppress the initial stop; If after the motion hearing, the court grants the motion, then the charges go away
Answer Applies to: Ohio
Replied: 5/28/2015
    Law Office of Robert E McCall | Robert McCall
    Talk to a local attorney. Some Judges and Prosecutors will proceed with a .08 only to a point (They are running a bluff) and then dismiss. Be careful if they have a video; most attorneys will not recommend a decision by you until they see the video.
    Answer Applies to: Florida
    Replied: 5/28/2015
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Get an attorney asap. If you have a valid defense for the stop you need to challenge your driver's license revocation and the criminal charges.
    Answer Applies to: Minnesota
    Replied: 5/28/2015
    Gates' Law, PLLC | Thomas E. Gates
    Sorry, you will not prevail in court. They could have the slightest reason to pull you over to make it a valid stop. And, they were right you were at the legal limit.
    Answer Applies to: Washington
    Replied: 5/28/2015
    Connell-Savela
    Connell-Savela | Jason Savela
    You still have to face the charges in court. BUT - you may have a solid motion to suppress evidence for illegal stop. Get a lawyer for best results. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are ?material and exculpatory.? Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
    Answer Applies to: Colorado
    Replied: 5/28/2015
    Universal Law Group, Inc. | Francis John Cowhig
    If charges were filed, you need to hire the most experienced DUI attorney you can afford.
    Answer Applies to: California
    Replied: 5/28/2015
    Best DUI Lawyer
    Best DUI Lawyer | Aniko Hoover
    If there is no reason to pull you over - a Motion to Suppress can be filed to have the evidence tossed out because it was obtained illegally. There is no case without evidence. So, you win!
    Answer Applies to: California
    Replied: 5/28/2015
    Ksicinski
    Ksicinski | Paul Ksicinski
    What can you do? Hire a lawyer immediately to fight your case in court!
    Answer Applies to: Wisconsin
    Replied: 5/28/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You need to hire a DUI specialist to file a 1538.5 motion. You also need to do it fast because you have only 10 days to save your license.
    Answer Applies to: California
    Replied: 5/28/2015
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, you can fight the DUI charges. Contact an attorney to help you. If a judge agrees that the police officer did not have a valid reason to pull you over, then you should prevail.
    Answer Applies to: Utah
    Replied: 5/28/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have a defense, but not the best one. The officer will state he have probable cause to pull you over. You will be had pressed to defeat the testimony. Hire an attorney, a good and aggressive one, now!
    Answer Applies to: Michigan
    Replied: 5/27/2015
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Fight it. A lawyer can file a motion to suppress.
    Answer Applies to: California
    Replied: 5/27/2015
    Jefferson and Biggs | Matthew Jefferson
    You need to retain a DUI attorney who might be able to help you with these charges, by among other things, filing a motion to suppress based upon an improper stop.
    Answer Applies to: Utah
    Replied: 5/27/2015
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