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Woman Claims DWI Stop Was Not Lawful


Many issues of law are important to cases of driving under the influence of alcohol or drugs. In some cases, these lines can be blurred. However, when it comes to what rights an officer has to stop a vehicle, the law has stated that an officer only needs to have articulable reasonable suspicion that a crime is afoot. However, to make an arrest, an officer must have probable cause to believe that a crime has been committed and that the person under suspicion was involved in the commission of that crime in one way or another. A New York DWI Lawyer said that sometimes, a person may attempt to have their case reviewed by the court in order to suppress some or all of the evidence against them. When this happens, it is clear that often it involves the legality of the traffic stop itself.

If the legality is not in place, the traffic stop is not legal. If the traffic stop is not legal then everything after that stop is not admissible. This is an example of the exclusionary rule. Any evidence that is obtained as the result of an illegal search or seizure is considered fruit of the poisonous tree. It is not admissible in a court of law. Therefore, if a defendant can prove that the traffic stop was illegal, then everything after that stop cannot be used against them in a court of law.

A New York DWI Lawyer said that in one case, which occurred in the Bronx, a woman was stopped after a police officer observed her executing a left turn without using her turn signal. The officer pulled in behind her and observed that she was talking on her cell phone as she executed a U-turn to return in her previous direction. The officer turned on his emergency equipment and executed a stop of her car. When he approached her car, he noticed a strong odor of an alcoholic beverage from about her person. He asked her if she would submit to field sobriety tests and she agreed. After the officer noted that she had not passed the horizontal gaze nystagmus test, the walk and turn, and the one leg stand, he asked her if she would take a portable Alco sensor test. She agreed, and tested positive for alcohol. A Queens County DWI Lawyer said she was arrested and transported the precinct for a breath test.

The defendant later filed a motion to suppress all evidence obtained as a result of the traffic stop. She maintained that the traffic stop was not legal because she did not believe that the police officer had probable cause to stop her vehicle. She maintained that in some situations, a person is not required to use a turn signal. Therefore, if it was not illegal for her to refrain from using a turn signal, then the traffic stop was not legal and all of the evidence obtained after that stop was not admissible.

The court disagreed. A Nassau County DWI Lawyer said they maintain that there is a statutory requirement in New York that a person use a proper turn signal whenever they execute a turn. The fact that the officer was in a location that was legally binding for him to be at, and that he observed the woman break the law, the traffic stop is legal. The officer observed the woman executing a turn without a signal. That is the probable cause to stop the vehicle. He further observed her talking on her cellular telephone while driving which is also illegal in New York. With both of these traffic violations observed by the police officer, there is no doubt that the officer had probable cause to execute the stop.

The defense motion to suppress the evidence obtained following the traffic stop was denied. The further motion to suppress any statements made by the defendant to the officer was also denied. Stephen Bilkis & Associates has NY Criminal Lawyers who can defend anyone arrested of a crime in New York. They have convenient offices throughout New York and the Metropolitan area. Do not lose your driving privileges. Our New York DUI Lawyers can go to court with anyone charged with DUI. Without an NY DUI Lawyer, you could lose your driver’s license and your freedom.

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