Many people stopped for DUI feel as though the officer had no reason to pull them over. The Rhode Island police aggressively prosecutor DUI cases. Many feel as though they were stopped for no reason, because they were driving late at night or (new text edit) leaving a bar. In some cases, if it can be shown that there was no lawful basis for the stop, the entire case can get dismissed as a result of a Motion to Suppress challenging the Constitutional basis of the stop.

• A claim that the officer lacked reasonable suspicion for the traffic stop can result in the entire case getting dismissed. Additionally, if there is a strong argument that there was no a proper basis for the stop, this can be used to attempt to persuade the prosecutor to reduce the DUI charge to a lesser motorist vehicle offense.

If the police lacked reasonable suspicion that you committed a crime, they cannot stop and arrest you. If the police lacked reasonable suspicion, the traffic stop was illegal. Any evidence they collected after the traffic stop is illegal, and inadmissible in your DUI/DWI case. If the court finds that the State lacks evidence, it will dismiss your case.

The U.S. Constitution prohibits unreasonable searches and seizures. Any investigatory traffic stop falls within this protection. If the police want to stop you to determine if you are DUI/OUI, they must have reasonable suspicion. Here are some examples of reasonable suspicion:

• Speeding or other traffic violation
• Burnt out headlight or taillight
• Cracked windshield
• Object suspended from rear–view mirror
• Before the police can lawfully stop your vehicle, the police officer must have a reasonable suspicion that you have committed or are about to commit a criminal offense.

In DUI/DWI stops, usually the officer will state that reasonable suspicion was based on a violation of the traffic laws. Sometimes this basis of the stop can be challenged through a motion to suppress. If successful, a motion to suppress would exclude all evidence that is the fruit of the unlawful stop and could result in the dismissal of the case. Attorney Michael A. DelSignore will review your case to determine whether evidence could be excluded based on a motion to suppress evidence.