Omaha, NE asked in DUI / DWI for Nebraska

Q: Can I be followed by a cop because he heard me hit the rumble bars?

He was on the side of the road and heard me hit the rumble bars and flipped around to follow me then pulled me over for dui.

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1 Lawyer Answer
Rich Maloumian Jr.
PREMIUM
Answered

A: Driving erratically can generally be a legal basis for being pulled over. Specifically driving out of a designated lane onto the shoulder where the road is serrated may give an officer probable cause to follow a vehicle and initiate a stop. The officer’s observations of how the vehicle was being operated once being followed can generate additional factors justifying a legal stop. The officer’s observations of an individual once pulled over, with regard to a DUI investigation, are significant but are separate from forming an initial basis for the stop. Your best bet would be to consult with local counsel in your area to determine whether or not the stop was justified based upon the officer’s observations. If the stop was not justified, then there may be an opportunity to suppress any evidence that flowed from the illegal stop.

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