Why was the driver stopped? It is a major question to answer when pushing a DUI or DWI offense. Many people forget that a basis for reasoning is imperative to push a charge. Even if the ultimate answer was intoxication, it helps to know why the driver was initially pulled over in the first place. There are a lot of variables that could arise when the reasoning is kept vague. Was the driver racially profiled? Did the police officer not like the car or he or she recognized the driver from a past situation?
Probable Case and Justification
It is not a superfluous concern by a criminal defense lawyer in Wichita, KS. The officer must have reasoning for pulling over the driver that makes tangible sense. Unfortunately, officers can easily provide a reason in hindsight, and it can be difficult to prove that they made it up. Regardless, the case can be tossed out if there is no justification for the initial pulling over. The ticket or claim must provide reasoning, even if it is not related to the drunk driving. There have been hundreds of cases where criminal defense lawyer in Wichita, KS tosses the case out because there was no legitimate reason for pulling the driver over in the first place. Click here to get more information.
Contradicting Witness Reports
It was noted above that it can be difficult to prove an officer is making up the initial probable cause. The proof often comes from witness reports. For example, the officer pulled the driver over because she ran a stop sign. Was there a passenger that can contradict this information? If so, it can be used to omit the officer’s claim, which subsequently will toss out things such as the breathalyzer reports or the initial documentation of the arrest (which almost always results in a case dismissal). Often times, it becomes a “word against word” scenario, and that can be tricky.
Witness reports are underutilized because they are not always easy to get a hold of, especially without a passenger. Drivers nearby when the incident occurred could be of assistance. Rocky Wiechman Law recommends always calling a friend to come to the scene when being pulled over.
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