What is Probable Cause?
I am often asked about the probable cause needed for a DWI arrest. If you’re pulled over in New York State and subsequently charged with DWI, there are certain things that a qualified, seasoned DWI attorney must assess to ensure that your charge is legitimate and legal. One thing that an attorney must look at is probable cause. Probable cause is a term of art that means different things to different people; however, that is one of the main elements for an arrest.
For instance, if you’re driving along and a police officer pulls somebody over, they have to have probable cause to pull that person over. They just can’t willy-nilly pick a person for no reason because they don’t like the color of the car or the neighborhood that they’re in. They have to have a reason. That reason is probable cause. A seasoned attorney would fight for you whether or not probable cause was there in that particular instance. A simple example would be whether or not the car was pulled over in a legitimate manner. A hearing that you would have would be an Ingle Hearing. It’s called “People versus Ingle,” and that’s a hearing that an attorney would run to determine if law enforcement had legitimate probable cause to pull a vehicle over.
Do you believe the police pulled you over for your DWI without probable cause? If so, contact our experienced DWI Attorney in Buffalo NY, John Dudziak.