What is Probable Cause in a DWI Case?
As an experienced New York DWI Attorney I am often asked questions regarding probable cause. Let’s say you’re pulled over in New York City and you have a case now pending for a DWI in Manhattan, and you have a conversation with one, or two, or three lawyers and this issue of probable cause keeps coming up. What is probable cause? Reasonable suspicion. That’s not a very good definition. A reason to pull you over is a little better and just as simple.
A very good reason would be a traffic infraction. Failure to signal. Going through a red light. Going through a stop sign. Those are probable cause to pull you over. Changing lanes without signaling is a very common one, especially in New York City, when quick reaction time takes quick movement. Also, if you’re involved in an accident, the police aren’t there because of some infraction necessarily. They’re there to investigate. They don’t need probable cause, they’re there to assist you. Usually when there’s an accident involved, the issue of probable cause to come to the location is really not an issue. The probable cause and an arrest becomes an issue.
Have you recently been charged with a DWI and believe that the police did not have proper probable cause to pull you over? If so, contact the experienced New York DWI Attorney Carl Spector.