Reader’s Question:

My brother was charged with DWI here in New York and it seems that he is working with such a good DWI lawyer. I overheard one time that they will use as a defense that the police officer didn’t have probable cause to stop him during the arrest. What does it mean that the police officer didn’t have probable cause to arrest him?

Chloe

Greenburgh, NY

The Fourth Amendment to the US Constitution guards the people against unreasonable searches and seizures. This amendment specifies judicially sanctioned search should be supported by probable cause. In a New York DWI arrest, despite having what appears like “ironclad” evidence, prosecutors cannot obtain a conviction if the initial arrest was made without probable cause.

The probable cause standard means that in order to pull a motorist over, the police officer must have a reasonable belief that the driver is driving while intoxicated. A good DWI defense lawyer will question the presence of probable cause in court. In order for an officer to make a DWI stop, the driver must be swerving erratically while driving, stopping abruptly for no reason, drifting between lanes, making excessively wide turns or driving at extremely high or low speeds.

If the police officer cannot present solid justification that he had a good reason to pull someone over, the violation of the Constitutional rights immediately voids any evidence against the person resulting from the arrest, and the case is likely to be dismissed.

Tags: DUI, DWI lawyer