Reasonable Articulable Suspicion
Did the Police Have Reasonable Articulable Suspicion to Stop Me?
The Constitutions of both Virginia and the U.S., require that police have “reasonable, articulable suspicion of criminal activity” before they may initiate a traffic stop. If that standard is not met, the law requires that information obtained after the stop be suppressed. In many cases, that results in the DUI charge being dismissed.
Determining fi there is reasonable, articulable suspicion to initiate a traffic stop requires an understanding of the case law in Virginia and the federal courts. Several factors an officer looks for in a DUI stop and investigation include:
- Failure to Drive with Headlights On
- Failure to Use Proper Turn Signals
- Driving with Turn Signals On After Completing a Turn
- Improper Speeds For the Conditions, Either Speeding or Driving Too Slowly
- Unable to Maintain a Lane
- Sudden Braking
- Falling Asleep While Driving or While Stopped
The burden to show there was reasonable, articulable suspicion to stop a vehicle is on the police officer or Commonwealth Attorney. If you have been stopped and charged with a DUI in Virginia, you should speak to an experienced DUI defense attorney.
For over 20 years, The Law Office of James J. McCoart, III, has vigorously represented those accused of Driving Under the Influence. If you, or your family member, are interested in a no-cost consultation regarding a DUI charge in Virginia, then contact The Law Office of James J. McCoart, III, by phone (703) 369-2734, or email.