Erie DUI Case Dismissed For Lack Of Probable Cause

Posted by & filed under dui defense.

Attorney Grant Travis was successful in having his client’s DUI case dismissed after successfully arguing the PSP troopers did not have probable cause for the DUI stop. Mr. Travis filed a motion to suppress evidence obtained during the traffic stop based on the argument that the troopers lacked sufficient cause to stop the client under suspicion of impaired driving. The Erie County judge hearing the case in Common Pleas Court agreed with the arguments presented by Mr. Travis on behalf of his client.

Probable Cause for A DUI Stop

Under Pennsylvania law, a police officer must have a reasonable suspicion that a driver is violating or has violated a section of the Motor Vehicle Code to initiate a traffic stop. Based on previous rulings in other cases, the officer must be able to “articulate specific facts possessed by him, at the time of the questioned stop, which would provide probable cause.” In the subject case, the judge ruled that the troopers did not have a reasonable suspicion to believe the driver was under the influence of alcohol at the time of the traffic stop.

The Facts in This Case

In the subject case, the driver was charged with DUI – General Impairment First Offense and DUI-High Rate First Offense. The troopers followed the driver for 15 minutes over the course of a 7.7 mile stretch of road. The evidence presented at the hearing consisted of testimony by the trooper regarding his observations of the subject vehicle and the mobile video recording of the traffic stop.

After reviewing the mobile video recording of the stop, the judge found that the trooper did not have probable cause to believe the driver was driving under the influence of alcohol. The video shows that the vehicle briefly touched the fog line or center line a handful of times. Furthermore, the troopers allowed the driver to pass at least five other vehicles during the 15-minute pursuit without stopping the vehicle for any safety fears for the occupants of other vehicles.

Therefore, the judge found that the DUI stop was not valid and any evidence obtained from the DUI stop would be suppressed. Because the evidence could not be used at a trial, the DUI charges were ultimately dismissed.

Hiring an Experienced Erie DUI Defense Attorney

The above victory illustrates why you need to hire an experienced Erie DUI defense attorney as soon as possible after being charged with driving under the influence. A DUI charge is not a conviction. You may have a valid legal defense to your drunk driving charges.

However, the prosecution is not going to tell you that its case is weak or there is a problem with the evidence. The police will not admit that they made a mistake that could result in the dismissal of DUI charges. You need an attorney who has extensive experience investigating and litigating DUI cases to protect your legal right to a fair and just trial.

Attorney Grant Travis has the experience, skills, and resources you want on your side when you are facing DUI charges. If you have been charged with impaired driving, contact The Travis Law Firm toll-free at (800) 401-2066 to schedule a free consultation with an experienced Erie DUI defense attorney.

Don’t allow a police officer or a state prosecutor convince you that you are guilty. Get the facts from someone who is on YOUR side and who will stand up for YOUR legal rights!