When can a traffic stop be conducted?

On Behalf of | Feb 25, 2020 | DUI/DWI Defense |

Not many people realize how few drinks it takes for an average person’s blood alcohol content to exceed the legal standard of 0.08%. Generally, depending on how much one has eaten, a couple of drinks could be enough to push someone past the limit. It is not necessary that the driver feel impaired—it is enough that their blood alcohol limit is more than what it legally can be. In fact, in some circumstances it might even be possible to found guilty of a DUI if one is impaired without crossing the BAC level.

Memphis drivers may wonder how a police officer can stop a car on suspicion of drunk driving? The answer is simple—a vehicle can be stopped for probable cause and that does not only have to be for drunk driving. A vehicle can be subjected to a traffic stop, which is the detention of the vehicle and its occupants and this is considered a seizure under the Fourth Amendment of the US Constitution.

A routine traffic stop is one that a police officer conducts on reasonable suspicion of either the driver being unlicensed or the vehicle being unregistered. Stops can also be conducted if the driver is driving erratically, has made a traffic violation or has an observable problem in the vehicle itself. An officer does not have to have reasonable suspicion of criminal activities to stop the car.

When a driver sees flashing red and blue lights approaching them in their rear-view mirrors, their first instinct might be to speed up and try to get away. However, this will only put them in more hot water. When asked to stop, a driver should stop and listen to what the police officers say. However, they should also keep in mind that they have certain legal rights and one of them involves presenting a strong legal defense in DUI and Drugs Cases that could involve challenging the very nature of the stop conducted.


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