Q: Do police have to have a reason to pull you over and ask you to take a breathalyzer?
A: Yes the police need probable cause to pull your car over. But some people don't realize some facts such as the police have license plate scanners so for example if you have a warrant or a suspended license or registration they could scan your plate know this and pull you over legally without the normal probable cause needed. If you have a DWI get yourself a good lawyer who knows DWI law. Most of us DWI Lawyers offer free in office consultations to find out how we can help you. I suggest you take advantage of one
James A. Abate agrees with this answer
A: Under the 4th amendment, you are protected from unreasonable stops or searches. Unless there is reasonable suspicion that you have violated the traffic code or committed a crime, the police may not pull you over. There are exceptions to that like checkpoint stops, that have there own riules. But generally speaking, the police may not arbitrarily pull you over.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
