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Illegal Police Stops
In order for an officer to stop a vehicle, the officer has to have reasonable suspicion that a crime is being committed. Reasonable suspicion could be an observing driving behavior such as swerving over the lines, speeding, or any traffic infraction.
If you’ve been arrested for DUI as a result of an unlawful police stop, it could be grounds to have your case dismissed. Witness testimony may show that the officer had no legal basis to stop the driver. If the stop was unlawful, any evidence gathered as a result of that stop would become inadmissible. An experienced DUI lawyer can evaluate the legality of the stop.
Also referred to as “sobriety checkpoints”, these are stops that allow police officers to randomly stop drivers to determine if they may be driving under the influence. At these stops, the police officer looks for signs of intoxicated driving. The officer may ask you to submit to field sobriety tests or a breathalyzer.
You do not have to answer any questions the police officer asks you, however, you will still have to comply with giving him your license and registration. The standard procedure is that the officer will ask you if you’ve had anything to drink, where you are coming from, and where you are headed. You do not have to answer those questions.
These DUI checkpoints are legal, but they still must comply with Illinois law. Having a DUI lawyer on your side can ensure that the checkpoint was indeed valid, and the officers followed all proper procedures.
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