SPECIAL REPORT:
Mistakes the Police make...and how they can help with your Pennsylvania DUI Case
- 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 after legally avoiding a checkpoint. Unless an officer has articulable and reasonable grounds that you violated the vehicle code he cannot make a stop.
- Stopping a vehicle because it stops in the middle of the street or it is
driving too slowly. 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 Devices.
- Failing to follow the rules of the Department of Health and Intoxilyzer
operation manual. These failures may invalidate any alcohol testing.
- Stopping at an improper roadblock. There are guidelines that must be followed
to validate the stop.
- 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 these.
- Blocking a vehicle's exit without justification. Officers may not restrict a
drivers freedom to leave without a reason.
FREE PA DUI Case Evaluation
Serving the Boroughs and Townships of Bucks County:
Bedminster, Bensalem, Bridgeton, Bristol, Buckingham, Chalfont, Doylestown, Dublin, Durham, East Rockhill,Falls, Haycock,Hilltown, Hulmeville, Ivyland, Langhorne,Langhorne Manor, Lower Makefield, Lower Southampton, Middletown,Milford, Morrisville, New Britain, New Hope, Newtown, Nockamixon, Northampton, Penndel, Perkasie, Plumstead Township Quakertown, Richland, Richlandtown, Riegelsville, Sellersville, Silverdale, Solebury, Springfield,Telford, Tinicum,Trumbauersville, Tullytown, Upper Makefield, Upper Southampton, Warminster, Warrington, Warwick, West Rockhill, Wrightstown, Yardley |
PA DUI -Bucks, Montgomery, Northampton, Lehigh County
Margiotti & Mittman, Attorneys at Law
593 Bethlehem Pike
Montgomeryville, PA 18936-9709, US
E-mail:margiottilaw@verizon.net
For a free, no-obligation PA DUI consultation call, 215-822-1888
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