Avoiding a DWI Arrest
Part 1: Don't Pull Over When you see an officer behind you, and his lights go on or he otherwise motions you to pull over, you must oblige.
However, it is not against the law to share the road with a police vehicle - so do not pull over simply because you see one behind you.
Many times individuals get nervous when they see a police car.
Instincts kick in and an initial reaction may be to pull over, without any justification for doing so.
Please do not do this.
As long as you do not give the officer any reason to pull you over, you have every right to maintain your course.
The 4th Amendment to the Constitution protects your rights on this to a large degree.
The "Terry Stop" guideline was created as a result of 1968 case Terry v.
Ohio 392 U.
S.
1, 88 S.
Ct.
1868, 20 L.
Ed.
2d 889.
This mandates that unless you do something to rise suspicion, like weave out of your lane, run a red light, etc.
- then an officer cannot stop you.
If you pull into a parking lot, and you stop willingly, the officer may follow you and confront you to see if you where doing anything illegal.
If the officer flashes his lights or alerts his siren to pull you over to the side of the road, then he or she must prove you have done something to require your being detained.
Should the officer not be able to prove reasonable suspicion, this is great for you - your case in all of its entirety could be thrown out of court as a result!
However, it is not against the law to share the road with a police vehicle - so do not pull over simply because you see one behind you.
Many times individuals get nervous when they see a police car.
Instincts kick in and an initial reaction may be to pull over, without any justification for doing so.
Please do not do this.
As long as you do not give the officer any reason to pull you over, you have every right to maintain your course.
The 4th Amendment to the Constitution protects your rights on this to a large degree.
The "Terry Stop" guideline was created as a result of 1968 case Terry v.
Ohio 392 U.
S.
1, 88 S.
Ct.
1868, 20 L.
Ed.
2d 889.
This mandates that unless you do something to rise suspicion, like weave out of your lane, run a red light, etc.
- then an officer cannot stop you.
If you pull into a parking lot, and you stop willingly, the officer may follow you and confront you to see if you where doing anything illegal.
If the officer flashes his lights or alerts his siren to pull you over to the side of the road, then he or she must prove you have done something to require your being detained.
Should the officer not be able to prove reasonable suspicion, this is great for you - your case in all of its entirety could be thrown out of court as a result!