WA DUI SPECIAL REPORT:
Did the police officer make any of these mistakes when stopping you?
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WA DUI DWI Defense offered in: Seattle, Lynnwood, Everett, Mill Creek, Puget Sound, King County, Snohomish County
Actually, Washington State police don't want you to know about the mistakes they often make during a Washington State DUI stop.
- Stopping a vehicle on the basis of an anonymous call. An
officer can not rely on a phone call to stop you, if he does not have a
name and address for the caller.
- Following a driver into
his residence without an invitation or without enough information to
justify the entry. Your home is protected under the fourth amendment.
- Basing an arrest on the statements of the driver alone.
The officer must have independent evidence to corroborate these
statements. This often arises when he has not seen you in physical
control of your car.
- Detaining a driver longer than is
reasonable to investigate. The constitution does not allow officers to
hold you without limit.
- Stopping a vehicle without an
articulable suspicion. An officer can not stop you just because he
thinks you are suspicious.
- Stopping a vehicle because it
stops in the middle of the street or it is driving too slow. Unless
there is a specific traffic ordinance you are violating, such as
impeding traffic, it is not lawful for an officer to stop you.
- Weaving within a lane. The statute only requires you to drive as
nearly as is practicable within a single lane. Some cases hold that one
weave into the shoulder is not enough reason for a stop.
- Stopping a vehicle based on a misperceived violation of a law. The
officer must be right about his interpretation of the law.
- Stopping a vehicle for an improper sign. Street signs and lane
markings must comply with the Manual for Uniform Traffic Control
- Failing to follow the rules of the Washington State Administrative Code and DataMaster operation manual. These failures may invalidate any alcohol testing.
- Stopping at an improper roadblock.
- Stopping a vehicle just to check the driver's license
and registration. There must be an actual traffic violation or an
articulable suspicion of a crime.
- Stopping a vehicle
without being able to identify it as the one actually committing a
traffic infraction. Officers must be able to convince the Court that
they stopped the right car.
- Stopping a vehicle for no
reason at all. It's done. Officers usually do not show up in Court on
- Blocking a vehicle's exit without justification.
Officers may not restrict a drivers freedom to leave without a reason.
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