I was followed by a police officeramd then stopped. Which then smelled alcohol on my breath, can I be charged lawfully with dui?

Asked almost 2 years ago - Allentown, PA

I was at a drive thru pharmacy picking up a script for my daughter. Had trouble getting pharmacist to assist me. Pharmacy called cops for disturbance although I was only asking for help. When they told me cops were on their way, I started crying and just drove away. As I drove away, I stopped to speak to my sister which lived less than a block away. An officer told me I had to move my car so I drove away but then officer followed me several blocks. Finally, the officer.sounded the horn and I pulled over. I cooperated and answered the few questions bit then my sister appeared out of No where. She had noticed the officer following me and found it suspicious. Officer smelled alcohol on my breath. I was arrested for dui. Can I beat this case due to unlawful stop?

Attorney answers (4)

  1. Robert C. Keller

    Contributor Level 20

    5

    Lawyers agree

    Answered . The standard for stopping a vehicle in Pennsylvania is very low so I don't believe you have presented a very compelling argument. It is suggested that you immediately retain an experienced criminal defense attorney. The attorney will be able to investigate all defenses and options that may be available to you.

  2. Ellis B. Klein

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . It looks like there is reasonable suspicion for the stop. If you are convicted and your alcohol level is above .10% you are looking at mandatory jail time so you need to retain an experienced local attorney ASAP.
    Ellis Klein, Esquire
    Young, Klein and Associates
    137 N. 5th Street
    Allentown PA 18102
    215-639-5297
    www.ykacrim.com

  3. Barry Franklin Poulson

    Contributor Level 20

    5

    Lawyers agree

    Answered . There seems to be a lot here for the officer to make a stop, including valid worries about your safety, statement by Pharmacist, some unusual behaviors associated with driving. You can consult a criminal defense attorney as to the stop, and even if the stop holds, you will have briefed your attorney as to defending the actual case. There may be more advantage in bargaining than in fighting the stop, but your attorney can advise you once every detail is known. Make no admissions here on this public forum.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more
  4. Rixon Charles Rafter III

    Contributor Level 20

    5

    Lawyers agree

    Answered . Sounds like a perfectly lawful stop--do doubt the officer will report valid grounds for such a stop. YOu may be able to beat the charge on other grounds, but would need an experienced DUI attorney IMMEDIATELY.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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