Understanding Probable Cause In Your DUI Case

Like most people in Pennsylvania, you have likely heard that the authorities need probable cause to arrest someone. However, do you actually know what probable cause means?

In short, probable cause is an inference on the part of the authorities based on facts and circumstances that point to a crime having been or being committed.

At the Law Office of John Della Rocca, attorney John Della Rocca understands most people simply don't know their rights or how to properly assert them. If you are arrested for DUI or face other criminal charges, John can help you make sense of what you're up against, defend your rights, and help you take appropriate steps toward mitigating the consequences or having the charges dismissed.

Can The Police Really Do That?

When it comes to DUI arrests, there are generally three situations where the authorities can lawfully pull someone over:

  • At DUI checkpoints: In summary, DUI checkpoints allow the police to conduct suspicionless stops. Even if you were arrested for DUI at one of these roadblocks, there are still rigid laws and procedures the authorities must follow. If they fail to adhere to the rules, you can take steps to see that your case is thrown out.
  • When there is reasonable suspicion: Many people struggle to understand the nuances of reasonable suspicion and probable cause. In short, if the arresting officer noticed that you were driving erratically or observed other facts or circumstances that raised his or her suspicions, the officer is allowed to pull you over. Reasonable doubt has a higher standard of proof and these standards must be met before the police can search your person or make you submit to more rigorous testing such as a blood test. As your attorney, John can look at the facts and determine whether the police acted with reasonable suspicion, had probable cause, or just acted on a hunch.
  • When there are vehicle code violations: If your tabs are expired, your car has a broken taillight or you drove the wrong direction down a one-way street, the police are allowed to stop you. Once pulled over, if the police suspect the presence of alcohol on your breath, they may arrest you for driving under the influence.

Chances are that if you're looking for a lawyer, you or a loved one has already been arrested for DUI. Even if it seems like the authorities have you in a corner, it's important to hire an attorney to make sure you explore all your options.

John Della Rocca can review your case to determine if the authorities acted appropriately. He can then negotiate with the prosecution to arrange a more favorable outcome or even take your case to trial. No matter if this is your first offense or your fifth, John is ready to put his more than 20 years of experience to work defending your freedom.

Call And Schedule Your Free Consultation

To learn more, call John's Philadelphia law office at 267-234-7670 or toll free at 800-668-8981. You can also send an email by filling out a contact form.