Improper Stops
Defending against a driving under the influence charge (DUI) requires a thorough investigation into every aspect of the offense. At Kristopher K. Greenwood & Associates, we are methodical in our approach to DUI defense. We start by examining the stop.
What We Do
As soon as we are retained, we will contact the prosecutor to obtain discovery. Discovery is all of the records and evidence they have surrounding your arrest. This includes police reports, dash cam video, witness statements and any results from your Breathalyzer, blood or urine test. Our goal is to uncover any violations of your Fourth Amendment rights.
Since 1999, our attorneys have been successfully pursuing dismissals for individuals whose constitutional rights were violated due to an improper traffic stop. If you have been charged with DUI, get help from one of our highly skilled attorneys. Call our firm at (801) 475-8800 or reach us online.
Our lawyers start building your DUI defense by looking at when you were pulled over. Before a police officer or other law enforcement may stop you, he or she has to be able to identify some facts that led him or her to believe that you have committed a crime. This is known as reasonable suspicion. Some examples may include:
- Speeding
- Driving too slowly
- Weaving in and out of lanes
- Drifting, swerving or otherwise driving erratically
- Driving recklessly
- Driving without headlights after dark
- Failing to signal a turn
- Running into or closely missing other property
- Other moving violations
Your Rights
We scrutinize the facts surrounding the initial stop. An officer cannot pull you over based on his or her subjective opinion that you look suspicious. There must be facts to back it up. Dash cam video is often a critical piece of evidence to help determine whether reasonable suspicion existed.
Once stopped, an officer may conduct a limited investigation, which may include asking you to provide your license, proof of insurance as well as your name. The officer may also look inside your car from the outside to see what is visible in plain view. This does not, however give the officer a right to search your car. You do not need to consent to a search of your car.
If the officer suspects you of driving under the influence (DUI), he or she will ask you to perform field sobriety tests and submit to a breath test. You do not have to take these tests, but it is important you understand the consequences of refusing a Breathalyzer test.
Charged With DUI After A Traffic Stop? Call Our Attorneys Today.
Our attorneys have a reputation for being tough advocates. We are dedicated to protecting your freedom and your constitutional rights. If you have been charged with DUI, get experienced legal help as soon as possible. Call the attorneys at Kristopher K. Greenwood & Associates at (801) 475-8800. You can also reach us online.