To pull you over, an officer needs reasonable suspicion that something is wrong, usually a traffic violation or signs of unsafe driving. If the stop was not justified, the evidence gathered afterward can sometimes be thrown out, and that can weaken or end the whole case.
Reasonable suspicion is a low bar, but it is not nothing. Ordinary reasons that hold up include speeding, running a light, an expired registration, a broken taillight, weaving, or clearly erratic driving. Officers can also stop you at a lawful DUI checkpoint, which follows its own separate rules.
What is not enough is a pure hunch. An officer cannot stop you just because you left a bar parking lot, or because of where you are or what you look like, without something specific pointing to a violation. Drifting slightly within your own lane, without more, is often not enough on its own either.
When a stop crosses that line, your lawyer can file a motion to suppress. If the judge agrees the stop was unlawful, the breath result, the field sobriety tests, and the officer's observations can all be excluded. Without that evidence, the prosecution's case can fall apart.
Figuring this out means comparing the officer's stated reason in the report to what actually happened, including any dashcam or bodycam footage. Small details in how the stop began can matter a lot.
Joe Crudo scrutinizes the stop in every DUI case. Learn about common DUI defenses.
This is general information, not legal advice, and every case is different. Call Crudo Law at (858) 622-7280 or visit /contact for a free, confidential consultation.