Mistakes the police make . . . and how they can help you:

1. 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.
   
   
2. 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.
   
   
3. 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.
   
   
4. Detaining a driver longer than is reasonable to investigate. The constitution does not allow officers to hold you without limit.
   
   
5. Stopping a vehicle without an articulable suspicion. An officer can not stop you just because he thinks you are suspicious.
   
   
6. Weaving within a lane. The statute only requires you to drive as nearly as is practible within a single lane. Some cases hold that one weave into the shoulder is not enough reason for a stop.
   
   
7. Stopping a vehicle based on a misperceived violation of a law. The officer must be right about his interpretation of the law.
   
   
8. Stopping a vehicle for an improper sign. Street signs and lane markings must comply with the Manual for Uniform Traffic Control Devices.
   
   
9. Failing to follow the rules of the Board of Tests and Intoxilyzer operation manual. These failures may invalidate any alcohol testing.
   
   
10. Stopping at an improper roadblock. There are guidelines that must be followed to validate the stop.
    
    
11. 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.
    
    
12. Stopping a vehicle for no reason at all. It's done. Officers usually do not show up in Court on these.
    
    
13. Blocking a vehicle's exit without justification. Officers may not restrict a drivers freedom to leave without a reason.

425 County Road 39A, Ste. 203B • Southampton, New York 11968
Phone: 631-204-0073 • Email: fred@dwi-attorney-fredfisher.com

Free Consultation and Review of Your Long Island, Southampton, Westhampton, Suffolk County, East Hampton, Hempstead, Central Islip, Quogue NY DWI Arrest -- $250 Value

Call Today: 631-204-0073 or 1-877-KEEP-ME-OUT for your free consultation

Site Map

© BLS Drunk Driving Websites