DUI –The Stop and the Duty of the Chicago DUI Lawyer
Typically, a police officer will stop a vehicle when the officer believes he or she has probable cause to do so. The most simple definition of probable cause is ”a reasonable belief that a person has committed a crime.” It is important to note that a mere hunch or suspicion is not enough for probable cause–the officer must have some actual evidence that a crime is being committed. It is illegal for an officer to pull someone over without probable cause.
In a DUI setting, the officer will claim to have witnessesed some form of “bad driving” or traffic infraction that will give the officer the probable cause to “seize” or pull the vehicle over. Driving without headlights at night, swerving out of one’s lane, speeding, driving too fast for conditions, failure to use a turn signal are all common sources of probable cause to “seize” a vehicle by pulling it over.
The term probable cause comes from the 4th Amendment to the United States Constitution which provides: ”The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
In a DUI case, the Chicago DUI lawyer should first investigate whether the arresting dui officer had the necessary probable cause to execute the stop. If not, the Chicago DUI lawyer should file a motion to with the court asking the court to suppress all of the evidence against the person arrested for DUI. If there was no basis for the officer to pull the driver over, then the prosecution should not be allowed to use any of the post-stop observations, sobriety test results or chemical and breathalyzer test results made or obtained by the arresting officer. If the Chicago DUI lawyer is successful in his motion to suppress evidence, the prosecution will be unable to move forward with their case and the matter should be dismissed.
If you have been arrested for DUI in Chicago or Cook County, make sure you ask your Chicago DUI lawyer about the basis of the stop and the chances of success for a motion to suppress evidence.
