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Challenging the DWI Stop

One of the first things a good DWI attorney should look at when evaluating a DWI case is whether or not the stop of your motor vehicle was constitutional. The standard for determining whether or not any motor vehicle stop was constitutional is the reasonable suspicion standard. This is a pretty low standard that is not too difficult to meet. All the officer needs is a legitimate reason to believe 1.)  you were breaking the law, such as he clocked you speeding or noticed that you had a tail light out, or 2.) the officer noted signs of impaired driving (such as weaving in and out of the lane of travel). If you were breaking any traffic law at the time, even something as minor as not having the proper license plate covers or failing to wear a seat belt, the officer will have reasonable suspicion to pull over your vehicle.

However, there are a number of factors that could lead a judge to find that the officer did not have reasonable suspicion to pull you over. Maybe the officer was only behind your vehicle for a few seconds before he pulled you over for speeding without a radar reading. Or what if he pulled you over for swerving but the weather was bad or the lane dividers were not clearly marked or illuminated? There are a number of issues that could arise that would call into question the officer’s suspicion that you were violating a law.

Raleigh DWI attorney Matthew Golden is familiar with many of the issues that could result in a motion to dismiss being granted in your case. Contact him today for a free consultation.