Pulled over for DUI but I dont think the police had a right to stop me

Asked over 2 years ago - Akron, OH

I was pulled over and given a DUI because someone called in and said I swerved. They didn't observe me drinking. The cop didn't follow me but two streets. I believe i drove fine knowing he was behind me. Is that reason enough to pull me over? and even though I blew over the limit would it be thrown out on the fact that he should have never pulled me over in the first place? ALSO, when i went to the police station for a copy of the dashcam, why couldnt I receive one? Even though its not "offically public property" , it has to do with me, that would be private

Attorney answers (5)

  1. Thomas Gregory Haren

    Pro

    Contributor Level 6

    4

    Lawyers agree

    Answered . If police do not have the right to stop a vehicle, then any evidence obtained as a result of the unlawful stop can be suppressed, including the result of a breath test. In any DUI case there are important, time-sensitive concerns that have to be addressed by a DUI defense attorney. It's impossible to judge your case from a simple internet posting, so I recommend that you speak with an attorney as soon as possible about your case in order to protect your rights and your license.

    A response to a question on Avvo is NOT legal advice. These answers are provided for general informational... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20

    4

    Lawyers agree

    Answered . What you refer as the reason is essentially probable cause to make a stop and investigate the stop further. A good defense attorney will be able to analyze the case's evidence, memoranda, notes and other incidental documents to advise you further whether the case could be defended under a legally appropriate theorythat would fit into the synopsis you described.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. Bret Andrew Royle

    Contributor Level 6

    3

    Lawyers agree

    Answered . In addition to what the other attorneys have mentioned, the prosecution will likely need to divulge the identity of the anonymous caller in order to validate the stop of your vehicle. This assumption assumes that the officer did not have an independent reason to stop your vehicle in that two block time frame you mentioned in your question.

  4. Zev Goldstein

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . If someone reported you for bad driving, that may be enough to pull you over.
    There may be a time frame in which the persecutor needs to share evidence, but the police don't need to share everything the moment they release you.
    You want to have attorney look ever all the details of the case, and to hold the prosecutor to the law.

    This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court... more
  5. Joshua Stephen Alexander

    Contributor Level 10

    Answered . That's a great question. The first thing you should do is go consult with a local lawyer in your area.

    Please feel free to review my AVVO profile and website. I consult and handle criminal cases throughout Florida and family law, and civil cases in North Florida.

    DISCLAIMER

    I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged.

    There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided.

    There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. You may also contact the Florida Bar, (850) 561-5600.

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A DUI arrest must be based on probable cause: the officer must have enough evidence to arrest, as determined by a combination of factors.

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