The most common defense to a DUI case is that the stop was illegal. Individuals in the Commonwealth are protected from being stopped illegally by police by the Fourth Amendment of the U.S. Constitution and Article I, Section 8 of the Pennsylvania Constitution. These sections generally deal with the right of individuals to be secure from unreasonable searches and seizures.

There are many, many cases dealing with the circumstances under which a traffic stop is permitted. For instance, can an officer pull you over if he observes you crossing a fog line once in a mile? Twice? Three times? Four times? In all likelihood, you will need an attorney to advise you on these issues to let you know if you have a good reason to file a suppression motion and possibly throw out all evidence obtained following a traffic stop by a police officer. Lots of conduct can give rise to police suspicion -- that's good police work. The real question is how much and what types of conduct can allow police to legally pull over a driver.

To discuss whether you may have a defense to a DUI charge based on an illegal stop, you should call attorney Joseph N. Gothie, Esq., at (717) 848-8455 to set up a free, confidential, no-risk consultation to discuss your case.

---

Share this page: