When people are charged with drunk driving in Oregon, they might assume their only option is to plead guilty. They may assume that the evidence against them is too strong to mount any sort of defense, so they simply walk in and throw themselves on the mercy of the court. In actuality, a Portland DUII attorney can examine the facts of your case to find problems, including an invalid police stop. If such problems are found, the lawyer may be able to get your case dismissed completely.
Like any other criminal action, police need probable cause in order to instigate a police stop. There are a variety of reasons why police might choose to pull someone over – speeding, illegal lane change, mechanical problems, etc. If police do not have such a reason to initiate such a stop, any evidence gathered from the stop can be thrown out. An experienced lawyer can examine the circumstances surrounding your arrest to determine if a stop was invalid.
An example of an invalid police stop would include profiling. If police decide to pull over a minority driver just because he or she is a minority, this would be illegal. The officer could not attempt to gather any evidence from the suspect. Another example might include sitting outside of a bar and pulling someone over right as they leave. Simply leaving a bar is not evidence that a person is under the influence. If, however, police observed some other issue with a person leaving a bar (such as weaving or failure to use a turn signal), they could initiate a police stop.
If you have been arrested for driving under the influence of intoxicants in Portland, don’t simply plead guilty without first speaking to an attorney at Kroll & Johnson. We will examine the circumstances surrounding your traffic stop to search for any improprieties that might exist. If they are found, we will do everything we can to get any evidence against you dismissed. For a free consultation to discuss your arrest, contact Kroll & Johnson today.