Attorney Grant Travis successfully represented his client against drunk driving charges in Erie County by having the evidence obtained in an illegal traffic stop suppressed.
The defendant in the case had been charged with Driving Under the Influence of Alcohol (General Impairment) and Driving Under the Influence of Alcohol (High Rate of Alcohol, First Offense). The allegations stem from a traffic stop by Pennsylvania State Police in Erie on March 17, 2016.
Attorney Travis filed a motion claiming the stop was illegal because the trooper lacked probable cause to believe a violation of the vehicle code had occurred and the trooper lacked reasonable suspicion to believe criminal activity was occurring. Based on this argument, Attorney Travis argued that all evidence obtained pursuant to the illegal traffic stop should be suppressed.
At the hearing, the police trooper testified that he saw the defendant exit a parking lot and decided to follow the defendant. Based on testimony, the officer claimed the date (St. Patrick’s Day), the fact that the defendant was exiting a parking lot near a bar, the time of day (2:08 a.m.), and observations of “bad driving” gave the trooper a reasonable suspicion to pull the defendant over.
After considering the evidence presented by the defendant and the Commonwealth’s arguments, the court agreed with Attorney Travis. The court ruled that the Commonwealth failed to meet its burden of proof establishing reasonable suspicion to justify the traffic stop. As such, the traffic stop was illegal and the evidence obtained during the traffic stop was thrown out.
Never Assume a Traffic Stop Is Legal
Simply because a police officer pulls you over does not mean that the officer had a legal eight to make a traffic stop. As illustrated but the above case, a police officer must have probable cause or reasonable suspicion in order to make a traffic stop. If the state cannot prove that the officer had probable cause or reasonable suspicion, the evidence obtained during the traffic stop may be thrown out.
Because you may not be aware of the laws related to traffic stops in Pennsylvania, it is important that you consult with an experienced Erie DUI attorney before you provide a statement to the police or consider a plea deal offered by the state. You may have a valid defense that could result in the DUI charges being dismissed. The prosecutor will not explain this to you because it is his job to obtain a conviction. You must raise these defenses in order to use them.
As an experienced Erie DUI lawyer, Attorney Travis does not accept the evidence as the state presents it. He conducts an independent investigation into the facts of the case to determine if a legal defense exists to the charges. You want this skill, experience, and persistence on your side when you are facing a DUI charge.
Call Our Office Now to Speak with An Erie DUI Attorney
Contact The Travis Law Firm by telephone at (800) 401-2066 to schedule a free consultation with one of our attorneys. We fight for your legal rights to ensure that you are treated fairly and in accordance with all state laws. The police officers and the prosecution must follow state law. If mistakes are made, we will expose them and fight to bring those mistakes before the court.