One frequently litigated issue in a DWI case is the basis for the motor vehicle stop. The police cannot simply turn on the blue flashers and pull you over for no good reason or merely based on a “hunch” that something is amiss. The police need to possess reasonable suspicion to believe that a crime has been, is being or will be committed to justify the intrusion upon your liberty. We often file a motion with the court, called a Motion to Suppress, seeking to throw out all evidence as the officer had no basis to stop the vehicle in question.
Another commonly litigated issue is whether the officer “exceeded the scope” of the stop. Just because you were stopped for speeding does not give the officer justification for asking you to exit and perform field sobriety tests. Although the officer need not ignore what he sees or smells, such observation, like “red and glassy” eyes at 1am are innocuous and do not justify an order to exit your vehicle.