Motion to Suppress in Mercer

If a Pennsylvania police officer pulls you over, that stop must be legal. If it isn’t, your attorney may be able to use that fact to get the charges against you dismissed. It is common for defense attorneys to question police officers regarding their legal authority to stop a driver for DUI (Operating a Vehicle Impaired) charges in Pennsylvania.

If you are pulled over for breaking traffic rules, the 4th and 14th Amendments consider this a “seizure” under Pennsylvania Case Law. Therefore, the law requires that the police officer must meet specific legal standards to justify the stop.

Drivers are often able to get their charges completely dismissed because the initial traffic stop was unlawful. This could be your situation. If you face an Pennsylvania DUI charge stemming from an illegal stop, a Mercer criminal lawyer can help you fight to have those charges thrown out. For experienced legal assistance, contact us at Logue Law Group.

Why Was Your Vehicle Stopped?

When an officer stops a car, they must be able to articulate a “reasonable suspicion” that unlawful activity is taking place inside the vehicle. The court is the only entity that judges this standard, and they will look at the “totality of the circumstances”—meaning all the evidence combined.

Therefore, it is important to remember that a stop is only considered justified if the officer actually witnesses a traffic violation. If there is no criminal suspicion or visible illegal activity, stopping your vehicle is considered illegal in the state of Pennsylvania.

Relevance to Pennsylvania DUI Cases

It is crucial to connect with a Mercer DUI lawyer so they can analyze and assess exactly why the officer asked you to pull over. If, after a thorough analysis, your attorney finds a legal opening, they can file a “Motion to Suppress.” This motion formally questions the legality of the traffic stop.

Your attorney will also question the legality of any standardized field sobriety tests administered. They will check if the tests were performed in full compliance with the National Highway Traffic Safety Administration (NHTSA) Manual. This compliance determines if the State has the right to order your arrest.

Your Mercer criminal lawyer will aggressively cross-examine the police to establish that the officer did not see anything unlawful before stopping your vehicle. The goal is to prove the decision was based completely on a hunch. In Pennsylvania, the courts do not consider a hunch to be a justified reason to stop a motor vehicle.

Additionally, your attorney can challenge chemical tests, including breath, blood, or urine tests. These must be conducted in complete compliance with the Pennsylvania Department of Health Guidelines or Pennsylvania Administrative Code Guidelines to be admissible.

Consult a Mercer DUI Lawyer

Logue Law Group is here to help you navigate this difficult legal process. Our team will listen to the details of your situation and explore every avenue to pursue your defense aggressively. Our goal is to help you get your charges dismissed or your penalties reduced to the absolute minimum. For more details on how we can help, get a free consultation today. Call us at 412.389.0805.