3 Probable Cause Errors That Can Invalidate a DUI Stop

Most DUI stops start with a traffic violation, but that doesn’t always mean the stop was legal. Officers make judgment calls in the moment, and sometimes they get it wrong. When they do, it opens the door for a strong defense.

A good Key Largo DUI attorney will dig into the details and question the reasons behind the stop. Hutchison and Tubiana, PLLC, knows how to spot flaws that others miss, especially when the officer's version of events doesn’t line up. Even minor errors can make a big difference in the outcome.

Keep reading to learn which probable cause mistakes could help get your DUI case thrown out.

Key Takeaways

• Officers don’t always have a solid reason to pull you over, and when they don’t, the entire DUI case can fall apart.

• Some police reports leave out important details or don’t match the video, which gives defense attorneys room to question what really happened.

• A small mistake, like following a driver too long or relying on a vague tip, can be enough to get charges thrown out.

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Weak Claims Without Clear Signs of DUI

Saying someone "looked drunk" is not enough to justify a stop. Police need to explain what they saw, like swerving, slow responses, or trouble staying in the lane. A skilled DUI lawyer can point out when these details are missing and use that to fight the charges.

Vague claims fall apart fast in court. Without clear evidence, such as slurred speech or glassy eyes, the traffic stop appears questionable. A DUI attorney will highlight this lack of evidence and work to get the case dismissed.

Anonymous Tips Without Proof

Anonymous tips don’t carry much weight without real evidence. If an officer stops a car based only on a tip and doesn’t see anything unusual, the stop becomes questionable. A Key Largo DUI attorney will use that gap to challenge the case in court.

The law expects officers to confirm risky driving before taking action. If the driver stayed within the rules and drove normally, the stop might be illegal. This gives a defense lawyer a strong reason to push for dismissal.

Gaps Between Reports and Courtroom Claims

When an officer’s report doesn’t match what they say in court, it raises questions. A missing detail or shift in the story can make the case look weak. Defense lawyers often use these mistakes to press for answers and expose problems.

Even small changes can matter. If the officer forgets key facts or tells the story in a new way, the judge may see the stop as less reliable. A strong defense will focus on those gaps to protect the driver’s rights.

It’s Time to Work With a Reputable Key Largo DUI Attorney

A DUI case often rises or falls on the legality of the stop itself. When officers cut corners or rely on weak assumptions, it creates real leverage for the defense. Hutchison and Tubiana, PLLC, focuses on identifying flaws early to protect your rights and pursue a better outcome.

Frequently Asked Questions

What happens if a DUI officer misreports details in their police report?

Inaccurate or inconsistent police reports can raise serious doubts about the officer’s credibility and the legality of the stop. A strong defense attorney will use those gaps to challenge the prosecution’s version of events.

Can following a driver too long before a stop affect a DUI case?

Yes, if an officer trails a driver waiting for any minor mistake, it can look like a pretextual stop without a valid reason. Courts often throw out cases that start with that kind of weak justification.

How do video recordings impact the outcome of a DUI case?

Dashcam or bodycam footage that contradicts the officer’s claims can make the stop look unjustified. When video evidence doesn’t back up the report, it gives the defense a solid reason to push for dismissal.