In order to lawfully stop a driver, law enforcement officers must first have reason to believe the driver is violating traffic law or committing a crime. Without probable cause, the officer cannot pull over a driver to question whether or not they have been drinking. Unfortunately, drivers' rights are often violated on holidays, late nights, and near Chicago's nightclubs and bars, as officers make unlawful stops. If you were stopped without probable cause and charged with DUI do not hesitate to contact a skilled defense lawyer from Fagan, Fagan & Davis. Our team has successfully handled thousands of drunk driving cases throughout Illinois, and we can help you fight charges that resulted from an unlawful police stop.
What constitutes as probable cause?
The officer cannot pull you over unless they witnessed you committing some violation of the law or some act that gives them probable cause to believe you were driving while intoxicated. An officer has probable cause to stop and question a lawyer for drunk driving if they observe the driver:
- Speeding
- Swerving
- Bouncing between the lanes
- Hovering in the middle of two lanes
- Driving well below the speed limit
- Driving recklessly
- Ignoring traffic signs and signals
- Braking erratically
- Driving in the dark without headlights
- Failing to yield
- Driving on the wrong side of the road
One exception allowed under state law is the roadblock or roadside safety check. These sobriety checkpoints allow officers to stop drivers to determine if they are intoxicated without probable cause. Roadblocks are often set up near popular clubs and on busy roads and highways during the holidays, and these checkpoints typically lead to numerous DUI arrests. It is important to understand, however, that there are specific safeguards that must be followed by law enforcement in order to protect the rights of the public.
Enlist Fagan, Fagan & Davis!
If you face drunk driving charges as a result of an unlawful police stop, do not hesitate to contact our DUI defense team. Our Chicago DUI lawyers possess more than 100 years of combined experienced, and we can protect your rights and represent your interests at your trial and your summary suspension hearing. We have extensive understanding of probable cause laws, and we can use detailed investigation and thorough cross-examination to determine whether you were the victim of an unlawful police stop. Our attorneys know what evidence to look for in these cases, and we can use it to prove the officer's unlawful conduct before the court. If we find that your rights were violated, we will fight tirelessly to have your charges dropped and your freedoms restored. If you have been accused of intoxicated driving, don't wait another moment, contact our Chicago DUI attorneys to discuss your defense options!
