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An officer cannot rely on a phone call to stop your vehicle unless he has a name and address for the caller and knows the caller from previous encounters. The officer must also observe something wrong with your behavior.
Your home is protected under the Constitution's Fourth Amendment.
This situation often arises when he has not seen you in physical control of your car.
The Constitution does not allow officers to hold you without limit.
An officer cannot stop you just because he thinks you are suspicious.
Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is quite likely unlawful for an officer to stop you.
The statute only requires you to drive as nearly straight as is practical within a single lane. However, some cases hold that one weave onto the shoulder is reason for a stop.
The officer must be right about his interpretation of the law.
These failures may invalidate any alcohol testing.
There are many guidelines that must be followed to validate a roadblock stop.
He must have seen an actual traffic violation or have an articulable suspicion of a crime.
Officers must be able to convince the Court that they stopped the right car.
It's done. Officers sometimes do not show up in Court on these.
Officers may not restrict a driver's freedom to leave without a reason.
This is a charge that will follow you for the rest of your life, if you are convicted. The additional insurance charges alone could cost you thousands of dollars.
The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser.
The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.
The law is constantly evolving and there is a lot of material to keep up with. An attorney who has a limited practice has the expertise to handle your case effectively.
Not complying with driver's license laws. You could lose your right to drive.
You could go to jail if convicted of driving while your license is suspended or revoked.
The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances. The police can also go to your home or job and arrest you.
Anything you say to them can be used against you.
You need to have an attorney go to Court with you who has the experience and expertise to handle your case correctly.
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