Posted on: 21 July 2021
The 4th Amendment protects you against unreasonable search and seizure. As a result, a police officer cannot pull you over for an OVI unless they have probable cause. However, the officer does not necessarily have to pull you over under suspicion that you are performing an OVI. They may pull you over for any number of other infractions. An experienced OVI defense attorney can help you argue that there was no probable cause.
Common Reasons for Pulling Over a Driver
You might be pulled over for speeding, a broken taillight, an expired license plate, or a marked lane violation. However, the evidence that your OVI defense attorney can gather might prove that the police officer was not justified. If some of the facts that the officer gathered were in violation of your rights, an OVI defense attorney may be able to have the evidence suppressed.
If the officer believes you are under the influence of alcohol but does not have evidence to prove this, they cannot place you in the back of a squad car, and this might be considered an unlawful arrest. Evidence gained from an unlawful arrest can be suppressed in court.
False Claims Made by the Officer
Oftentimes, an officer will make claims that are not true, and examining the dashcam or surveillance footage from a nearby store can prove this. For example, the officer might claim that your license plate was not visible. However, camera footage might later show that it was visible. If the officer claims that you have bloodshot eyes or other visible signs of intoxication, the mugshot might show that this is not the case.
In criminal cases, your guilt must be proven beyond a reasonable doubt. The prosecutor must prove that it is more likely than not that you had a blood alcohol content that was above the legal limit.
For example, if the officer pulls you over and smells alcohol, they still do not have probable cause to arrest you. They will need to perform a field sobriety test or subject you to a breathalyzer test. The smell of alcohol may be due to a passenger consuming it or could be the result of alcohol being accidentally spilled.
If you are able to prove that there was no probable cause, your charges might be reduced or dismissed. This is very important if you are being falsely accused of a OVI because you will not only face criminal penalties but may also be unable to drive in the future if you are convicted. But an OVI defense attorney can assist you in crafting the best possible case.Share