Evaluating Your Wisconsin DUI Traffic Stops
As long as an officer has a reason for pulling you over, such as a traffic violation, it does not matter if his or her motivation was to catch the driver violating another. This applies in the case of DUI stops: if the officer saw you commit a minor traffic law violation, he or she can stop you and then investigate the possibility of a DUI even though that was not the original reason for pulling you over. Pretext stops have been approved by the United States Supreme court; an improper motivation for one does not invalidate the stop unless equal protection issues play a role.
Because there are so many reasons for an officer to pull over a vehicle, there are many ways in which a traffic stop could lead to a DUI charge. There are, however, a few regularly occurring reasons for traffic law enforcement stops that end up with DUI charges for the driver: weaving, driving too slowly, squealing tires, and car equipment violations.
The most important part of a DUI case is the facts involved. What determines whether or not reasonable suspicion was involved with a traffic stop are all of the details of the situation. A qualified Milwaukee DUI lawyer will develop a case with as much information as possible, develop a position based on those facts, and then find cases which demonstrate a defense that supports the position. While a good Milwaukee DUI lawyer will be aware of the law and its importance, he or she will use the facts of the case in order to support his or her position without relying too much on the legitimacy or lack thereof of the traffic stop that led to DUI charges.
Courts across the country vary in terms of what is considered legitimate for a stop that leads to DUI charges. That variation in the law, as well as its application, is something with which a knowledgeable Milwaukee DUI lawyer will be familiar. To find out what facts you will need in order to build your defense, contact Vanden Heuvel & Dineen, S.C.