Unlawful Traffic Stop Defense in Chicago
Chicago DUI Attorney
Routine traffic stops happen every day throughout the city. However, not
every stop that occurs is considered lawful. In order for an officer to
pull someone over for a suspected
DUI, he or she must have probable cause that the individual is under the influence.
Without this probable cause, the traffic stop may very well be considered illegal.
Looking for a Traffic Attorney in Chicago?
Under Constitutional law, you are protected from unreasonable search and
seizure. This protection extends to motorists operating their vehicles.
Just because an officer observes cars driving very late at night or very
early in the morning, he or she still does not have the right to pull
a driver over unless there is behavior indicating possible intoxication.
Drivers who are under the influence typically exhibit a certain pattern
of behavior. Officers are permitted to use these behaviors as probable
cause for conducting a traffic stop and administering field sobriety tests.
If you are driving without your headlights on at night, for example, you
are likely to be stopped by any officer who observes you pass by.
Tailgating, drifting or weaving between lanes, and driving excessively
slowly are also all signs that carry a significant probability of driver
intoxication. If an officer sees a driver displaying erratic road actions
such as these, he or she has probable cause to pull the driver over. Driving
into oncoming traffic and a near-collision with another vehicle or object
are also significant signs that a driver may be greatly impaired.
About Field Sobriety Tests
When an officer conducts a traffic stop and suspects DUI, he or she will
have you perform a
field sobriety test. These tests are designed to measure coordination and your ability to
follow directions; however, they are far from flawless and are also not
always given with the correct police procedures intact. Because of this,
field sobriety test evidence may be thrown out of court if an attorney
is able to prove it was administered incorrectly or otherwise flawed.
The three standardized field sobriety tests are the one leg stand, the
walk and turn, and the horizontal gaze nystagmus. The one leg stand test
requires a person to balance on one leg with the other foot six inches
off the ground. You must keep your arms at your side during this test
and count out loud until stopped by the officer.
The walk and turn test entails taking a set amount of heel-to-toe steps
away from and back toward the officer. The horizontal gaze nystagmus test
has a person follow a small object with his or her eyes, which allows
the officer to assess involuntary jerking of the eyeballs. Failure to
pass any of these tests is grounds for immediate arrest and booking on
Unlawfully Stopped? Get a Criminal Defense Lawyer!
Need an unlawful traffic stop lawyer in Chicago? If you were charged with
DUI and believe you were the victim of an unlawful traffic stop, you will
want an aggressive lawyer on your side as soon as possible. Having the
right attorney to advocate for your rights can make all the difference
in the outcome of your case. At the
Law Offices of Mitch Furman, my experienced legal team is standing by, ready to help you. I have a
strong background in DUI law, having successfully defended countless clients
against these charges. Let me put my experience to work for you.
As a Chicago DUI attorney, I am prepared to aggressively challenge the
prosecution and will be relentless in upholding your best interests each
step of the way. By taking the time to collect all the facts and details
surrounding your stop and arrest, I can create a customized defense strategy
that gives you a much greater chance of a favorable case outcome. Don't
take a chance with something as serious as DUI allegations.
Searching for a lawyer for an unlawful traffic stop case in Chicago?
Contact my firm as soon as possible to begin building your defense.