What to do ifI got a DUI but was pulled over for a supposed different reason?
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What to do ifI got a DUI but was pulled over for a supposed different reason?
I was pulled over by the police and asked to take several sobriety tests after which I was breathalyzer 4 different times before the officer placed me under arrest. When I asked him why he had pulled me over in the first place he told me “because your taillight was out”, But from the back of the police car I could clearly see that my taillight was not out and when I pointed this out to him he simply brushed it off. I’m wondering if he pulled me over legally and can the case be thrown out if he pulled me over for a broken taillight when it wasn’t broken.
Asked on October 4, 2011 under Criminal Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In this country under the 4th Amendment of our Constitution one is protected against unreasonable search and seizures. Whether or not a stop of a person is unreasonable is based upon whether there was a basis for pulling a person over, in your case, was there a tail light not working?
In order for you to ascertain the validity of the stop resulting in your arrest for driving under the influence, you need to carefully read the police report that led to your arrest.
The problem with your situation is that you were supposedly drinking alcohol. Alcohol affects one's ability to recall events. Apparently the test results show that you were drinking alcohol. It will be your word versus the police officer's word (and his or her report) justifying the stop.
I recommend that you consult with a criminal defense attorney to asisst you in your situation.
Good luck.
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