Many people are aware that the police must have some legally sufficient basis to pull over a driver. The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable search and seizures. An officer does not have to have “probable cause” to pull you over to briefly detain you and inquire further but must meet a lower standard of “reasonable suspicion.” This means that the officer must have reasonable suspicion based on specific articulable facts that you are engaged in criminal activity. The requirement that an officer has reasonable suspicion before pulling you over is very important because if the standard is not met, your Pennsylvania DUI defense attorney may be able to get critical evidence obtained following your DUI stop excluded and the charges dismissed.

Unfortunately, some police officer in their fervor to make DUI arrests may use a pretextual basis as the evidence supporting their “reasonable suspicion.” Common examples include an officer pulling a suspect over for something that officers routinely ignore because of a “hunch” based on the driver’s car, race or fashion, which may look out of place in a neighborhood. Though the police are not allowed to pull you over on the basis of a mere hunch this happens much more frequently than many people realize. If the officer can articulate specific facts supporting a belief that you were driving under the influence or committing some other criminal violation to support the stop, the officer’s “bad motives” may not matter.

An experienced Pittsburgh DUI defense attorney will carefully investigate the alleged facts and reasons for your stop. If it can be shown your stop was pretextual, your criminal defense attorney may file a motion requesting all evidence obtained during the stop be excluded based on the initial illegal stop. This means that one of the first things a Pennsylvania criminal defense attorney will do is determine if the officer had a sufficient legal basis for pulling you over. This can amount to something as simple as questionable window tinting, a cracked windshield or fuzzy dice hanging from your mirror obstructing the windshield.

If you are pulled over, you should politely ask the officer why he stopped you. The officer will not provide a reasonable basis for the stop, you should ask if you are free to leave. If the officer says you are not free to go, it means you are being detained and triggers additional rights, which may form the basis for a valid Pennsylvania DUI defense. If the officer says you are free to leave, then you are not required to stay and should exercise your right to leave the scene. Many people never ask this question because they presume that the mere fact the officer has turned on his lights and/or sounded his siren means that a person is required to remain at the scene of the stop. Of course, the officer will not volunteer information about your rights because the whole purpose of the detention is to try to discover evidence that creates “probable cause” for a search or an arrest.

A DUI arrest can be a very scary experience. We know that frequently bad things happen to good people. Our experienced Pennsylvania criminal defense attorneys will carefully investigate to determine if your stop was legal or based on mere pretext. Our many years of defending those throughout Pennsylvania accused of DUIs and other criminal offenses mean we know how important it is to provide the most zealous defense possible.

With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.

I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh DUI Defense lawyer Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case.  You will also find out how our practice can be put to work for you.

I look forward to listening to the circumstances of your case and discussing all available options under the law.

Sincerely,

Michael V. Worgul

Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943