Probable Cause? Maybe not.

You probably already know that in order to stop you in your vehicle, an officer needs probable cause.  It's not enough for him to operate on just a hunch you might be DUI (driving under the influence).  If it's late at night or very early in the morning and an officer really wants to stop and question you, he'll typically follow you for a while looking for something.  Of course we all know that feeling of dread when there's a cop following us.  Am I speeding?  Is my registration still good?  It's unnerving business even if you haven't had anything to drink.  People who have been drinking to excess will sometimes touch or cross the "fog line," constituting a reason for the officer to pull you over. 

Sometimes, however, an officer really wants to stop you and your driving is perfect.  He will then look for some obvious equipment violation.  License plate light out?  Good enough.  Missing a brake light?  Forgot to use your turn signal?  Any of these reasons is good enough. 

Recently a client was stopped because the officer claimed the car's round tube-shaped bumper blocked his view of the license plate.  No allegations were made that his driving was anything less than perfect.  My examination revealed that the license plate could be in fact be seen and read perfectly.  I filed a motion to suppress the evidence.  Photographs were introduced.  The car was viewed.  In the end, the court agreed that the license was visible and there was no probable cause for the officer to stop my client.   The case was dismissed. 

Cops work very hard and make countless judgment calls each day.  In the interest of protecting the public, sometimes they may be overzealous with their interpretation of "probable cause."  It's my job to hold them to the high standards the law requires.  In a DUI arrest, make sure you have an experienced DUI attorney who will meet with you, review the evidence against you, and ensure that your rights are protected as your case moves through the courts.