There are specific rules regarding when the police can pull over any Rochester driver, regardless of whether that driver is suspected of drinking and driving.

It is illegal for a police officer to pull over anyone without a proper basis.

If the arresting officer in a DWI case cannot establish that he or she had a legally sufficient reason for stopping the driver, the DWI charges against that driver may be dismissed.

In most cases, a law enforcement officer must have “probable cause” to believe that a traffic violation has occurred before stopping a motor vehicle.

This does not, however, mean that the officer must have probable cause to suspect that the driver is operating under the influence of alcohol before making the stop.

It is permissible for the police to stop someone for another observed traffic violation – such as speeding or crossing a double yellow line – and then begin an investigation for DWI after approaching the driver and observing that his or her physical condition supports the possibility of intoxication.

In rarer situations, a police officer may stop a car without having observed a traffic violation or other offense when there exists at least a reasonable suspicion that the driver or occupants of the vehicle have committed, are committing, or are about to commit a crime.

When this suspicion is based on independent information provided to law enforcement – such as a call to the police department – the officer conducting the stop must have been provided with sufficient information not just to form a reasonable suspicion that a crime is being or is about to be committed, but also to provide him with a reasonable suspicion that he is, in fact, stopping the vehicle that is the subject of the report.

We are experienced lawyers who can help you if you are arrested for drinking and driving.

Please feel free to call us at 585-484-7432 for legal help.