Richard J. Emhof DUI/DWI Law Blog on Lawyers.com

"That's Not How It Happened" - Part II

Tuesday, December 1, 2009 by Richard J. Emhof

One of the most commonly disputed allegations by the police in a DUI case involving a traffic stop is the cop’s observations which allegedly gave rise to probable cause for the stop. This issue, if challenged in court, will usually depend almost entirely on the testimony of the police officer. This means that an unscrupulous officer has the ability and motive to embellish the facts (or possibly even to invent them out of whole cloth) in order to establish probable cause. This phenomenon has long been known to occur in drug cases initiated by a traffic stop, and a word has been coined to describe it: “testilying.”

The following are allegations often made by police to establish probable case for a traffic stop. They are usually (but not always) difficult or impossible to disprove.

  • Failed to come to complete stop at stop sign
  • Ran through a steady red signal
  • Crossed over double-yellow lines or fog line
  • Weaving w/in Lane
  • Broken Light

Also, most cops will state several violations to cover themselves and create several independent sources of probable cause, in case one turns out to be insufficient.

If you have been arrested for a DUI in Pennsylvania, ensure that your rights are protected. Contact Pennsylvania DUI Attorney today online or toll free at 1-866-457-9957 for a free initial consultation.

Posted at 09:28 AM
Topic: DUI/DWI
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