The season for office parties, holiday gatherings, parades and all sorts of other revelry…the season to drink and drive. First, we advise you don't drink and drive but in the event you are charged with DUI, there are options such as arguing a lack of probable cause for the stop, or the arrest. An experienced DUI attorney, like Larry Avallone, can spot these issues in your case and file pretrial motions with the court.
In a DUI case, probable cause is evidence that is observed by law enforcement that gives them a reason to take action and pull you over in the first place. Probable cause includes:
- Erratic driving (swerving, lane drift, etc.)
- Failure to obey traffic signs/lights
- An accident
Often the question of probable cause is your word against the arresting police officers, but it is possible that there are witnesses or even traffic camera footage available to dispute the probable cause.
Challenging probable cause, should be considered as a strategy in defending your DUI case. Remember, if you have been charged with a DUI you have a limited amount of time to challenge your case and preserve your privilege to drive.
Larry Avallone, Esq. is a former Deputy Sheriff and State Prosecutor, call him today to review your case.