Cook County DUI Attorneys
Unlawful Police Stops
To pull over a driver, police officers must have probable cause to believe a driver is committing a crime or violating the law in some way. The truth is that officers sometimes stop a driver just on the chance he or she is drinking and driving, which is a violation of the driver’s Constitutional rights. This is common on holiday weekends, late at night, or around popular bars and nightclubs.
At Fagan, Fagan & Davis, we have handled many DUI cases in Cook County in which an officer pulled over a driver on suspicion of DUI without probable cause. In these types of cases, the officer is blatantly disregarding the law and acting unlawfully. If you feel an officer violated your rights by conducting an unlawful police stop, please don’t hesitate to contact our offices to speak with a skilled Cook County DUI lawyer who has experience in these matters. We will do whatever we can to hold the officer to the highest standards required by the Constitution and to ensure that your rights are protected!
To pull you over, the officer must have witnessed you committing some act that gives him or her probable cause to believe you were driving under the influence. Acts that could provide probable cause to stop to investigate you for driving under the influence of alcohol or drugs include:
- Hovering over two lanes
- Brake erratically
- Speeding up and then slowing down
- Making wide turns
- Swerving
- Reckless driving
- Driving too slow
- Running a red light or stop sign
- Failing to yield
- Driving without headlights in the dark
- Ignoring traffic signals or road signs
One exception to the requirement that an officer have probable cause for a traffic stop is a roadblock or so-called roadside safety check. A roadblock allows the police to stop and detain drivers briefly without probable cause. However, law requires that certain legal safeguards be in place to protect the public, and Fagan, Fagan & Davis has successfully uncovered numerous occurrences in Cook county courts where DUI arrests were made illegally, without those safeguards in place.