Legal Question in Traffic Law in Washington

1st Time D.U.I.

I was recently pulled over for driving under the influence of alcohol. At the place of citation officer stated he pulled me over because of a brake light and/or taillight out, which turns out to be incorrect. officer than proceeded with field sobriety test which I failed and was arrested. I was over the legal limit by not much. My question is that might these charges be dropped due to lack of probable cause when pulled over? Thanx.


Asked on 1/11/03, 5:36 pm

1 Answer from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Re: 1st Time D.U.I.

When there is no probable cause to justify a traffic stop, any charges filed as a result of the stop will be dismissed.

Whether probable cause exists is determined by the court on a case by case basis. The burden of establishing probable cause is upon the prosecution, but the standard is much lower than "proof beyond a reasonable doubt".

There is no bright line rule, only a determination of whether the officer had a reasonable suspicion that a traffic violation may have occurred.

DUI is a serious criminal offense and it would be foolish to argue a pretrial motion without the assistance of an attorney. If you fail to raise the challenge to the stop, you waive that right. If you challenge the stop and testify on your behalf, you could jeopardize your defense at trial.

Hire or apply for an attorney.

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Answered on 1/11/03, 6:49 pm


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