I consult with people every day that ask me if the police officer not telling them why they were pulled over is a defense to their case or violation of their rights. The answer is no.
The police do not have to tell you why they pulled you over at the scene. However, it is one of the things that we challenge at a Motion to Suppress.
At the hearing, the State has the burden of proving that the officer witnessed a traffic violation, criminal offense, or that they had a reasonable suspicion of criminal activity, that the driver is unlicensed, the car is not registered, or an occupant is wanted for a crime.
All the evidence discovered after that point is able to be suppressed if the State cannot meet that burden. Suppressed means that the evidence cannot be use at a subsequent trial.
This typically constitutes the bulk of the evidence against the person. This does not mean that the case is over, but will most likely lead to the dismissal of the charges at a subsequent appearance.
This is the first thing we look at in evaluating a DUI case. Since it has the ability to effectively take away the bulk of the evidence against a person, it is also the most important.
And remember, if you or a family member has been arrested for DUI in the Greater Cincinnati- and that includes Butler, Warren and Clermont Counties as well – give our office a call at 513.333.0014….24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a former police officer and former prosecutors to work….for you!