Unlawful Police Stops in DUI/DWI Cases in Central Missouri

An unlawful police stop can significantly impact the outcome of DUI/DWI cases. Understanding your rights and the legality of the traffic stop can be crucial in defending such charges. Holder Susan Slusher, LLC specializes in these cases, offering expert legal representation in Columbia, MO, and central Missouri.

Police officer pulls over central Missouri driver. If he does not have probable cause, it may be deemed an unlawful stop.

Understanding Unlawful Police Stops

An police stop may be considered unlawful if law enforcement officers stop a vehicle without a valid legal reason, also known as probable cause. Probable cause means that the officer has a reasonable basis to believe that a law violation has occurred. In the absence of probable cause, any evidence gathered during the stop might be deemed inadmissible in court.

Common Examples of Unlawful Stops

Unlawful traffic stops can significantly infringe upon an individual's rights. Below are some situations that often lead to questions about the legality of a stop:

Time and Location: A vehicle stopped solely because it is late at night or in a high-crime area does not automatically justify a stop. There must be specific evidence of criminal activity or a traffic violation.
Vehicle Type or Condition: Pulling over a vehicle based on its type, condition, or modifications without a clear traffic violation or erratic behavior does not establish probable cause.
Driver’s Appearance: Targeting drivers based on racial or ethnic characteristics, such as stopping a driver solely because of their race, is unconstitutional and subject to legal challenge.
Anonymous Tips: Traffic stops based only on unverified anonymous tips, without further police corroboration of suspicious activity, are often insufficient to justify a stop.
Behavioral Assumptions: Stops based on subjective judgments, like a driver appearing "nervous," are generally not enough to establish probable cause without additional evidence of illegal activity.

Knowing Your Rights During a Traffic Stop

During a traffic stop, you have the right to remain silent and to refuse consent to search your vehicle. It's vital to ask the officer if you are being detained or if you are free to leave. If the stop was not based on probable cause, this could be a key element in your defense strategy. Always remain calm and polite; your behavior during the stop can also impact the outcome of your case.

Legal Consequences of Unlawful Stops

The implications of an unlawful stop can be far-reaching in DUI/DWI cases. If your attorney can demonstrate that the stop was illegal, then any evidence obtained as a result — such as breathalyzer results or field sobriety test outcomes — may be excluded from court proceedings. This often leads to a significant weakening of the prosecution's case.

A Track Record of Success

Holder Susan Slusher, LLC has numerous success stories where unlawful stops were contested effectively. Our DUI attorney Attorney Bogdan Susan has experience arguing when stops lack probable cause. When the court agrees, this often results in the dismissal of the DUI charges.

Speak to a Lawyer About Your Stop

If you believe your DUI/DWI/MIP (minor in possession) charge resulted from an unlawful police stop, it's imperative to seek legal counsel promptly. Contact Holder Susan Slusher, LLC at 573-499-1700 to discuss your case. Protecting your rights is our top priority, and we are dedicated to providing the best defense possible.