A police officer with a pretext for a stop that is deemed to be reasonable can stop you and then investigate the possibility of drunk driving even though that was not the officer’s initial reason for pulling you over. However, there are some pretext stops, such as squealing tires, that raise doubt as to whether it provides reasonable suspicion for a valid DUI stop.
Your New Jersey DWI attorney will look at the specific facts of the pretext stop used in your DUI arrest to determine whether the arrest was valid.
Examples of Squealing Tire DUI Pretext Stop Cases
In a Florida case, where the officer only noticed tire squealing as a possible violation, the stop was ruled illegal by the jury for a later investigation of drunk driving. On the other hand, a Texas court found that the police officer had reasonable suspicion for a later DUI arrest when he initially stopped the defendant because his tires had broken traction, causing screeching and spinning.
Why You Need the Help of a New Jersey DWI Attorney
There are numerous traffic laws and even more reasons why a police officer might pull you over for a routine stop. As such, it is impossible to discuss every reason why a stop may or may not have been based on reasonable suspicion. That, along with all the variations in the applications of the law, is why it is important that you hire a New Jersey DWI attorney to evaluate your case to determine whether the pretext stop in your case was valid.
Call Us
If you or a loved one was arrested for a DUI, you need to immediately call New Jersey DWI attorney Dan Matrafajlo at 908-248-4404 for a free consultation. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you. Mr. Matrafajlo has the experience in New Jersey courts that you need. He has been recognized locally for his legal ability and named a SuperLawyers Rising Star by his peers. Dan has the experience needed to deal with the police and the courts to get the best possible outcome for your DUI case.
