Unlawful Police Stops for Kansas City DUI
Defending Against Unlawful Police Stops in Kansas City
You may have been arrested for DUI based on illegally obtained evidence. While the results of
breath and blood tests or
field sobriety tests might prove that you were driving under the influence of alcohol, it is possible that the arresting officer broke the law when he pulled you over. Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to commit a crime and may demand of the name, address of such suspect and an explanation of such suspect's actions. Also, a law enforcement officer has to right to initiate a traffic stop for even minor traffic violations or clear public safety concerns.
However, it is suspected that many DUI stops are made with the intent of writing DUI tickets to fill quotas and aren't based on reasonable suspicion of drunk driving or even based on a traffic violation or legitimate public safety concern. Your defense against illegal stops is a protected right under the Fourth and Fourteenth Amendments to the United States Constitution as well as the Bill of Rights of the Kansas and Missouri State Constitutions, which protect individuals against unreasonable search and seizures without probable cause.
An experienced Kansas City DUI attorney will put the burden of proof on the arresting officer and the prosecution to establish beyond a doubt that your arrest was based on a legal stop. By attacking the evidence and even suppressing illegally obtained evidence, you may be able to have the charges dropped.
Need an attorney for drunk driving in Kansas City?
Attorney Steve Schanker has over 18 years of experience fighting DUI and DWI charges in both Kansas and Missouri courts. A conviction can put a serious strain on all aspects of your life, but you may not have to live with those consequences, provided that you act fast to protect yourself. With thorough investigation and aggressive litigation, Attorney Schanker may be able to clear your name and shield you from the penalties of a guilty verdict. Contact a Kansas City DUI attorney for a high quality defense after an unlawful DUI stop.