Your Rights When Charged with a Greeley DUI Originating from a Traffic Stop: No Reasonable Suspicion?

No reasonable suspicion? Have you been charged with a DUI after a traffic stop? Contact the O’Malley Law Office at 970-616-6009.

Knowing your rights when pulled over by a Greeley Police Officer for a suspected DUI, can save you a night in jail or large fines. A police officer must have reasonable suspicion to pull you over for a traffic stop. In many cases, police don’t have enough reasonable suspicion, so they start asking you questions to improve it. If you are quiet and don’t answer their questions, you help your case.  In other situations, once an officer confirms that his original suspicion for stopping you is erroneous, or he can’t build his reasonable suspicion, the traffic stop is concluded and you are free to leave.  Here is what the law says about traffic stops:

  • The Greeley Police officer must have “reasonable suspicion” that you committed a crime or are about to commit a crime to pull you over.
  • The purpose for the Police stop must be reasonable.
  • Any DUI Charge must be related to the original reason the officer pulled you over.

Greeley Police Officers Need Reasonable Suspicion for a Traffic Stop and Can Use Non-Moving Violations

A Greeley Police Officer must have “reasonable suspicion” that you have done something wrong in order to pull you over. They may use a non-moving violation as a reason to stop you if they suspect you of an unrelated crime and would not otherwise have reasonable suspicion to pull you over. Common non-moving violations used to pull people over:

  • Broken Windshield;
  • A taillight out;
  • Unreadable license plate.

It is very common for a police officer to say they couldn’t read your license plate when they pull you over. Once they verify that your license plate is legal, assuming it is, your traffic stop is supposed to be DONE. If they proceed in asking you more questions, you have the right to say “no.”  In fact, you always have the right to decline to answer questions.

Rules for When Getting Pulled Over by Greeley Police or a Weld County Sheriff

If you are pulled over by a Greeley Police Officer or Weld County Deputy:

  • Do not roll your window down all the way so they can smell alcohol on you.
  • Do not say where you are coming from or where you are heading to.
  • Do not say you have been drinking when asked.
  • Do not participate in the roadside sobriety test.
  • Do not get out of the car unless you are being arrested.

Everything listed above is voluntary. You can politely say “no” to questions asked of you. Police rely on people’s fear and lack of knowledge for compliance. They try and intimidate you.  When asked the questions above, simply reply, “I would be happy to provide you with my identification and insurance card.” Just be prepared for the police officer to get frustrated. Do not be rude or combative, but hold your ground in a polite manner.

Aggressive Larimer County DUI Lawyers: We Can Assist You with Charges for DUI

            An aggressive attorney from our Weld County law office can assist you with a Driving Under the Influence charge when there is no reasonable suspicion for your stop. If no reasonable suspicion can be established, charges should be dismissed in the court.

If you or someone you love has been charged with a DUI, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation today. Together, we can protect your future.

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