Before pulling you over, before subjecting you to a breath or blood test, and most importantly, before placing you under arrest, police must have probable cause. While probable cause is not as stringent as “proof beyond a reasonable doubt,” police officers must convincingly prove that they had probable cause.
At Holder Susan Slusher, LLC our experienced DWI attorney has successfully helped many men and women with various DWI charges. If you have been charged with a DWI, we will investigate every aspect of your case, including whether or not the arresting officer had probable cause, and fight vigilantly on your behalf to protect your rights.
What Constitutes Probable Cause in Missouri?
A police officer must have a reasonable suspicion that you have violated the law in order to legally pull you over. In cases of traffic stops, behavior that may constitute probable cause include:
- Speeding, driving too slow, or making improper changes in speed
- Driving without headlights, stopping for no apparent reason, improper signaling, or other errors
- Demonstrating poor judgement by tailgating, arguing with another driver, or stopping improperly in response to a police signal
- Swerving, weaving, drifting, or having difficulty staying in the same lane
Once a police officer has pulled you over, probable cause that you have been drinking can be observed by:
- A statement by you that you’ve been drinking
- Signs of intoxication, such as staggering, stumbling, or falling
- Failing a field sobriety test
- Failing a preliminary breath test
- Alcohol containers in the vehicle
- Bloodshot, glassy, or watery eyes
- Slurred speech
- Oder of alcohol on your breath
Even in cases that involve sobriety checkpoints, police must follow strict laws and guidelines. Your rights can be breached if any deviation from proper procedure occurs, such as:
- Failure to notify the public of a sobriety checkpoint
- Improper or inadequate supervision of the checkpoint
- Discriminatory screening of impaired motorists
- Search and seizure procedure violations
- Wrongful or illegal arrest
- Violations of civil rights
- Failure to comply with a written plan
- Failure to execute a search or test professionally or consistently
Contact Our Columbia DWI Lawyer Today
If you’ve been charged with a DWI in Missouri, you need an experienced law firm you can trust to protect your rights and best interests. Contact Holder Susan Slusher LLC today online or at 573-499-1700 to discuss your case for free with an experienced DWI lawyer. We serve clients across Missouri, including Columbia, Moberly, Fulton and Boonville.