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Unlawful Police Stop

Unlawful Police Stop Lawyer in Chicago

Proving an Unlawful Police Stop

One potential and potent legal issue in a Chicago DUI case is the violation of your constitutional rights due to an unlawful police stop. You have the right to protection against unreasonable stops by police officers. In order to pull over a driver, a police officer must have reasonable cause to believe a crime or offense is being committed. In a DUI case this means that some form of observable behavior should have been present in order for an officer to make a reasonable assumption that a driver may be under the influence of drugs or alcohol. This might include actions such as:

  • Excessive speed, reckless driving or driving too slowly
  • Driving in clear violation of traffic laws
  • Weaving about through lanes, across traffic, erratic moves such as swerving or taking a turn too quickly
  • Running lights or stop signs
  • Any number of vehicle code violations

While there certainly are more that could be added to this list, the point is that the police officer should have just and reasonable cause before pulling a driver over for drunk driving. Your Chicago DUI lawyer may be able to prove this in order to get your entire case dismissed as unlawful and unconstitutional. At the Law Offices of Howard J. Wise & Associates, we recognize the value of protecting your constitutional rights in every way possible, and proving unlawful DUI stops is one of the ways we achieve this.

Sobriety Checkpoints and Other Unlawful DUI Stops

The police may set up arbitrary checkpoints or may stop drivers simply because it is a holiday or closing time at bars and clubs. These stops may be unlawful due to a violation of your rights and may form the foundation for a dismissal of your charges. Sobriety checkpoints, for example, are a subject of much scrutiny and have been challenged heavily in the courts. They still are allowed based upon the concept of greater public good but even within those checkpoints your rights must still be honored. The police must have reasonable cause to demand you take field sobriety tests or breathalyzer tests and cannot do so arbitrarily.

Don't allow your constitutional rights to be violated. If you believe an unlawful police stop resulted in DUI charges then you should contact a Chicago DUI lawyer at our firm to review the facts of your case.