
When an arrest is made for a DUI, but there is no probable cause for the stop to be made, it’s considered an illegal DUI stop. In most cases, if this can be proven, the charges are dropped. If you believe you were the target of an illegal DUI stop, a Black Mountain illegal DUI stop lawyer can help you fight any wrongful charges filed against you.
Finding a Black Mountain illegal DUI stop lawyer who treats you with the respect you deserve can be difficult. Finding a competent defense attorney who can beat your charges, whether you’re facing an DUI, Underage DUI, Felony DUI, or a Multiple DWI offense, can be even harder. Edwards Law, PLLC, is familiar with North Carolina DUI stop laws and can accurately assess your case to determine if an illegal stop occurred.
Black Mountain has a fairly low crime rate, with only around five violent crimes occurring annually for every 1,000 people. Despite the relatively small size and low crime rate of Black Mountain, DUI stops occur here fairly often. However, not all stops are legal.
NC DUI stop laws have been questioned before. The consensus is that an individual should not be stopped due to a sneaking suspicion, but rather a lawful reason. A DUI stop in North Carolina must be the result of an objective observation of an unlawful act. In other words, a driver must be breaking a law to warrant being stopped by an officer. Some examples of valid reasons for a traffic stop are listed below.
DUI stops and DWI checks are set up frequently in North Carolina, and these steps are perfectly legal. Law enforcement monitors roads coming out of towns like Asheville, where there is a thriving nightlife. Anyone leaving nightclubs on College Street, Patton Avenue, or North Lexington Avenue shouldn’t be surprised if they run into a DUI checkpoint.
If an officer stops an individual for no objective reason, they may still find the driver to be intoxicated behind the wheel. However, any evidence collected during the stop against that driver may ultimately be inadmissible in court, even if it implicates the driver of DUI. Convincing the court of this, though, can be another story. This is why it is imperative to hire an illegal DUI stop lawyer who is familiar with Black Mountain courts.
North Carolina law does not require drivers who are stopped by law enforcement to answer any questions that could incriminate themselves. You have the right to remain silent. You are, however, required to provide identification, proof of insurance, and proof of registration. Don’t answer questions about drinking alcohol or breaking any other DUI laws.
You also have the right to a traffic stop that is carried out within the legal requirements of officer conduct and traffic stop procedures. Sometimes, individuals arrested and charged with a DUI believe the officer didn’t act appropriately or follow proper protocols for a legal DUI stop. If this is you, your ideal next move would be to talk to a Black Mountain illegal DUI stop attorney.
Edwards Law Firm, PLLC, has represented many successful illegal DUI stop cases over the years. We have the resources you need to fight your erroneous DUI charge. Contact Edwards Law, PLLC, to discuss your case.