Fighting an Oklahoma DUI Stop
The police must have reasonable suspicion to believe that a crime is being committed to make any traffic stop. Without reasonable suspicion, your stop for DUI — as well as your subsequent arrest — could be deemed unlawful.
Your Fourth Amendment Rights
The Fourth Amendment of the U.S. Constitution protects all citizens against unreasonable search and seizure. To ensure these rights are upheld, the courts require that law enforcement have reasonable suspicion, or proof, that you are breaking the law. For example, running a red light, speeding or straddling two lanes could be cause for a traffic stop. Driving late at night or leaving a bar, on the other hand, do not meet the definition of reasonable suspicion.
Once you are stopped, the officer will then need to establish reasonable suspicion in order to make an arrest. Evidence that may be used against you can include the officer's observations of your appearance and behavior, as well as your performance on the field sobriety tests.
Was There Reasonable Suspicion?
Without reasonable suspicion, your traffic stop and any evidence collected could be thrown out—along with your DUI charges. At the Edge Law Firm, our legal team can review every aspect of your case—from the patrol car's video evidence to eyewitness accounts—in order to determine if your DUI stop met the standards for reasonable suspicion. If not, your attorney can file a motion to have your charges dismissed.
If you think your rights against unreasonable search and seizure were violated during the course of your DUI stop, please do not hesitate to contact our firm. To schedule your free case evaluation, please call (877) DUI-EDGE or (918) 582-6333 or complete our online form now.