Rhode
Island DUI Stops for Reasonable Suspicion
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Island DUI Defense Attorney Macktaz – 401-861-1155
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Rhode Island DUI Information
Rhode Island DUI Laws and Penalties
Defending your RI DUI Accusation
Rhode Island Breathalyzer
Refusal information
Defending your RI Breathalyzer Refusal
What to expect at your Rhode Island DUI Trial
Field Sobriety Test information
DUI Stops for Reasonable Suspicion
Rhode Island Court Information
Rhode
Island DUI Lawyer Joshua Macktaz provides aggressive
and effective representation to individuals facing DUI
(Driving Under the Influence) and related Rhode
Island drunk driving offenses such as DUI or breathalyzer
refusal. A former Rhode
Island Special Assistant Attorney General from 1993-1997
Attorney Macktaz has extensive experience with DUI as
a prosecutor and has used that knowledge to successfully
defend hundreds of private clients accused of drunk driving
offenses and an intimate understanding of DUI Proceedings in Rhode Island.
Before becoming
a private Rhode Island Drunk Driving Defense Lawyer,
Attorney Macktaz lectured in-coming police academy cadets
as a AG Prosecutor on proper drunk driving investigations, field sobriety testing,
and prosecutions. This unique experience has afforded
Mr. Macktaz a wealth of knowledge not readily available
to the average criminal defense attorney.
Early intervention by a qualified and experienced Rhode
Island DUI Attorney is critical to success in
your case.
Reasonable Suspicion for DUI Stops in Rhode Island
The Rhode Island police aggressively prosecute DUI cases. Many people stopped for DUI feel as though the officer had no reason to pull them over. Many feel as though they were stopped for no reason, because they were driving late at night or coming from a bar. In some cases, if it can be shown that there was no lawful basis for the stop, the entire case can get dismissed.
Before the police can lawfully stop your vehicle, the police officer must have a reasonable suspicion that you have committed or are about to commit a criminal offense. In DUI and Drunk Driving stops in Rhode Island, usually the officer will state that reasonable suspicion was based on a violation of the traffic laws. Sometimes this basis of the stop can be challenged through a motion to suppress. If successful, a motion to suppress would exclude all evidence that is the fruit of the unlawful stop and could result in the dismissal of the case.
Attorney S. Joshua Macktaz will review your case to determine whether evidence could be excluded based on a motion to suppress evidence.
If the police lacked reasonable suspicion that you committed a crime, they cannot stop and arrest you. If they lacked reasonable suspicion, the traffic stop was illegal. Any evidence they collected after the traffic stop is illegal, and inadmissible in your DUI/DWI case. If the court finds that the State lacks evidence, it will dismiss your case.
The U.S. Constitution prohibits unreasonable searches and seizures. Any investigatory traffic stop falls within this protection. If the police want to stop you to determine if you are Driving under the influence, they must have reasonable suspicion. Roadblocks have been held unconstitutional in Rhode Island. Also, car cannot be stopped based on an anonymous tip or 911 call. Here are some examples of reasonable suspicion:
- Turning with a wide radius
- Straddling center of lane marker
- Almost striking object or vehicle
- Weaving
- Driving on other than designated highway
- Swerving
- Speed more than 10 mph below limit
- Stopping without cause in traffic lane
- Following too closely
- Drifting
- Tires on center or lane marker
- Braking erratically
- Driving into opposing or crossing traffic
- Signaling inconsistent with driving actions
- Slow response to traffic signals
- Stopping inappropriately (other than in lane)
- Turning abruptly or illegally
- Accelerating or decelerating rapidly
- Headlights off
- Speeding or other traffic violation
- Burnt out headlight or taillight
- Cracked windshield
- Object suspended from rear-view mirror
If you feel you were stopped unlawfully Contact Rhode
Island DUI Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and he will respond
to you as soon as possible
Rhode Island DUI Information
Rhode Island DUI Laws and Penalties
Defending your RI DUI Accusation
Rhode Island Breathalyzer
Refusal information
Defending your RI Breathalyzer Refusal
What to expect at your Rhode Island DUI Trial
Field Sobriety Test information
DUI Stops for Reasonable Suspicion
Rhode Island Court Information
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice. |
