DWI - Reasonable Suspicion

Asked over 1 year ago - New Braunfels, TX

When should an officer initiate a stop once he believes he has reasonable suspicion? Are there any laws regarding this?

Attorney answers (6)

  1. Richard Timothy Jones

    Contributor Level 17

    13

    Lawyers agree

    Answered . Your question is very specific. If you're looking for someone to answer that the cop made a bright line mistake you're probably not going to get it. The facts you describe would help an experienced DWI attorney assist in defending the case.

    Www.Austincriminaldefenseattorney.Com
    Austin DWI Lawyer
    512-495-1813

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  2. William A. Jones Jr.

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . I will defer to learned TX counsel if my answer does not ring true in the Lone Star state. My answer is no there are no laws, statutory or by virtue of appellate decisions, that set a limit. An officer after perhaps having sufficient information to initiate a vehicle stop may choose for a variety of reasons to delay doing so. That breaks no law or rule; it may however provide an avenue for defense counsel to challenge the credibility of the officer.

  3. Stephen A. Gustitis

    Contributor Level 13

    12

    Lawyers agree

    Answered . Smart police officers will give a suspect "lots of rope" before deciding to stop the vehicle in motion. In a DWI prosecution, the more "bad driving" facts the police officer has, the better. That is why an officer might wait before stopping a motorist. Sometimes, depending on the circumstances, the officer will stop someone immediately. If the suspect poses an immediate threat to safety on the road an officer might be quicker on the trigger. At the end of the day, all the officer needs are articulable facts suggesting a crime is occurring.

  4. Sonila Isak

    Contributor Level 9

    12

    Lawyers agree

    Answered . Reasonable suspicion is a hot button issue in almost EVERY STATE. Maryland Special Court of Appeals has held that "weaving, swerving, or pin-balling" is not reasonable suspicion. However, as previously stated this is ultimately up to the discretion of the officer making the stop. Unfortunately, there are endless reasons to initiate the stop. If your defense counsel can establish the stop was bad then everything discovered is inadmissible. Therefore the fruit of the poisonous tree. I would write down all facts immediately as you remember them from the incident and see a local defense attorney as soon as possible.

  5. Robert Matthew Kyle

    Contributor Level 8

    4

    Lawyers agree

    Answered . I am glad to see New Braunfels questions! Yes, the law of reasonable suspicion applies to the decision to stop a motorist, and also applies to the officers decision to continue holding that motorist at the roadway. In other words, officers can pull someone over for speeding and it can turn into a DWI arrest if the officer develops reasonable suspicion about that to continue an investigation past a speeding stop. whether the officer can do that is analyzed under the laws of RS. Of course, the officer has the right to request field sobriety testing if he thinks he has RS. Contrary to the propaganda of "no refusal" weekends, or "no refusal counties/cities", you can refuse everything. you don't even have to talk although there are obvious consequences that you cannot always control for each type of refusal. The RS question you pose involves a highly factual analysis and we don't have any to work with in your question. you can email me the facts if you like: mkyle@kylelawfirm.com or visit my website for my New Braunfels practice at www.kylelawfirm.com

    The answer provided by counsel in the AVVO forum is not intended to create an attorney-client relationship. The... more
  6. Paul J. Smith

    Contributor Level 3

    1

    Lawyer agrees

    Answered . It is pretty much up to the officer. Here's a novel thought,, don't drink and drive at all. I am of course being serious. The officer has discretion to stop on reasonable suspicion. Many times, it it failure to use turn signals, failing to maintain a single lane of marked traffic, etc.
    Case law changes frequently and the trend right now is to give the officer wide discretion in determining reasonable suspicion.
    Paul J. Smith
    Board Certified Criminal Law
    Texas Board of Legal Specialization
    www.pauljsmithlaw.com
    830 832-1534

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