Did the Officer have the Grounds to Contact You?
When finessing a defense to a DUI or a DWAI charge, it's important to be thorough in your assessment of potential police mistakes. For instance, you might be able to challenge the legality of a police stop and thereby get charges against you dropped or reduced. The laws governing how and when police officers may conduct roadside stops have evolved fantastically over the past 80 years since the first Supreme Court decision regarding roadside stop cases. Despite attempts by lawyers and judges to generalize the balance between an individual's right to privacy and a police officer's right to protect the community, exceptions to the rules continue to add layers of complexity to an already fraught and complicated area of jurisprudence.
Given all these legal complexities, what should you do if you've been pulled over illegally?
First of all, don't be confrontational with the officer. Conduct yourself in a courteous manner, and ask to see the officer's badge and/or other identifying information. Don't admit to any wrongdoing -- just be straightforward and find out what the officer wants. If the officer asks to conduct a search of your vehicle without a warrant, you can plead the Fourth Amendment (protection against unwarranted/unreasonable searches and seizures). Remember that the law does not require an officer to remind you of your rights, so you need to know them and stick up for yourself. You should also be careful not to self-incriminate. Your answers to questions can and likely will be used to prosecute you later on, so err on the side of being reticent. You have the right to say nothing until you have discussed your matter with an attorney.
If you believe that an officer improperly conducted a roadside pull over, turn to Timothy Bussey, an AV rated Colorado Springs DUI defense lawyer with a track record for success and an active thriving practice. Find out more about your rights and remedies under Colorado law on our DUI defense website. If you want to schedule a free consultation about your matter, phone (719) 475-2555.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
