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Was your traffic stop unlawful? 

On Behalf of | Oct 24, 2024 | DWI Defense

Tackling impaired driving is a top priority for law enforcement. Every year, thousands of people are injured and some are killed due to drunk driving accidents. This is why the police conduct traffic stops — or at least it’s one reason the police should conduct traffic stops. 

There are, however, occasions where a traffic stop may be unlawful, and that can be a valid defense to a drunk driving charge. Were you stopped unlawfully by the police? 

Was there evidence of wrongdoing? 

The police can’t stop cars randomly as this is an invasion of privacy. Generally, the police must at least have a reasonable suspicion that a criminal offense has been committed. The car may be speeding, swerving, crossing the centerline or displaying other unusual factors. 

If the police cannot provide a valid reason for why they stopped you, then the stop may have been unlawful. 

Were you baited into making a mistake? 

Seeing a police car behind you can be intimidating, and police officers know this. That’s why most officers take every possible precaution to drive safely. However, a minority may not do this. You may have been tailgated until you panicked and made an error. This is known as baiting and it can be a cause of unlawful traffic stops. 

Were you discriminated against? 

Police officers are not immune from bias, and this includes racial bias. The color of your skin cannot be a reason for a traffic stop. If there is evidence that you were discriminated against and stopped because of your race or other protected characteristic, then the stop may have been unlawful. 

To test the legality of your traffic stop, it will help to seek legal guidance at the earliest opportunity. 

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