Legal Question in DUI Law in Pennsylvania
dui/ pa
what is a probable cause for stopping a driver for a dui when there is no traffic violation? Do state police need evidence for a stop or can they invent the allogatations.
Asked on 8/31/07, 6:43 pm
2 Answers from Attorneys
Daniel Cevallos
Cevallos & Wong, LLP
Re: dui/ pa
Well, ultimately probable cause is whatever the police say it is. You should retain private counsel as soon as possible. Feel free to contact me via telephone or e-mail.
Answered on 9/01/07, 12:19 am
John Gibson
John W. Gibson, Esquire
Re: dui/ pa
I have won supression motions on the basis of absence of probable cause for a stop. But that was before the most recent rulings on DUI checkpoints. It seems to me as if most states have abandoned the 4th Amendment with respect to DUI check points. If the stop was not at a DUI check point, then I think there is still room to argue.
Answered on 9/16/07, 1:47 pm
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