2 Reasons Beyond Probable Cause that Get You Pulled Over for OWI
And One Thing To Know About Fighting Your Charge
One of the most common questions our Milwaukee criminal defense attorneys hear during an initial client conference is whether it was legal for the police to stop their car. Our OWI lawyers know the answer is complex and is deeply rooted within Wisconsin case law. However, the answer is also found within the “fact pattern” or what happened in each individual drunk driving stop.
There are other factors in your case that could impact your future forever.
Generally speaking there are three reasons for a DUI stop to be justified in court:
Probable Cause for DUI Stop:
A probable cause stop takes place when the police, and perhaps later the courts, determine the officer had probable cause to perform a stop. Reasons behind the stop may include equipment violations (i.e. a burned out headlight), texting, seatbelt violations, too many people in the car, etc. Probable cause nearly always means the vehicle was stopped on a separate violation and turned into a drunk driving investigation.
Reasonable suspicion is the more traditional situation people think of when they think of a drunk driving stop. Was the car swerving? Did someone call 911 to report a drunk person driving home from a bar? Was the vehicle varying its speed? Did it accelerate quickly from a stop sign or pause for an unusual amount of time? These are all common occurrences which play into whether the stopping officer had sufficient reasonable suspicion to make a stop for a possible DUI.
The last and least common example of a drunk driving stop falls under the community caretaker doctrine. Common examples of the community caretaker doctrine include the police helping someone with a flat tire on the side of the road, an individual in need of immediate medical attention, etc. The stop (and possible intrusion upon the citizen’s rights) is justified in those circumstances as the police are performing their duties as community caretakers
Occasionally, the community caretaker doctrine finds its way into Wisconsin DUI cases. The police may observe a vehicle suddenly pull to the side of the road and there is a question if the motorist is in distress. Perhaps there is a car circling around a subdivision, appearing lost. The scenarios are nearly endless, but they are also rare in the court system.
Milwaukee OWI Attorneys Know the Specifics of Your Case Play a Critical Role in Defense
Our Milwaukee DUI attorneys value the fact that no two arrests and stops are the same. This means a fresh, intensive and highly analytical DUI defense process must be undertaken on each and every drunk driving case.
Our lawyers will not be able to fully examine the situation until we receive a complete copy of all police reports along with any additional material that may serve as evidence, such as police dashboard camera videos, recorded interviews, etc. Once our Milwaukee DUI lawyers have a complete picture of what happened and what the police would say about the stop if questioned in court, we can advise you on which options may be available.
The DUI Lawyers Milwaukee Trusts for Expert Legal Advice When Charged with a DUI in Wisconsin
No matter why your car was stopped, there must be sufficient legal cause for law enforcement to have stopped you. It is important that this is closely examined by experienced Milwaukee lawyers experienced in Wisconsin DUI charges. If you or a loved one has been charged with a DUI in Wisconsin turn to the Milwaukee DUI lawyers with a proven record of getting Wisconsin drunk driving charges dropped or reduced. Trust the experts at Grieve Law LLC. to put the law on your side and protect your rights.