Everyone makes mistakes, including police officers. While their duty is to enforce the laws, they can sometimes, not often make arrests out of impulse or with complete disregard of the laws. When an officer commits an unlawful arrest, it can result in all of the evidence in the case against you being suppressed and your case being dismissed.
At Shane Phelps Law., our Bryon & College Station DWI defense attorneys can conduct an investigation into your arrest and gather evidence which determines that the arresting officer failed to follow proper protocol. With decades of experience, we have an extensive knowledge of Texas laws and court proceedings to help you obtain the most favorable outcome possible.
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When Can an Officer Pull Me Over?
There are a variety of reasons a police officer may suspect you of drunk driving. These can often be subjective observations, which can be successfully challenged by an experienced and skilled defense attorney.
The following can provide law enforcement with probable cause or reasonable suspicion to stop you:
- Speeding
- Swerving
- Driving too slowly
- Ignoring traffic stop signs and signals
- Driving without headlights
- Slowing down or stopping for no apparent reason
Field Sobriety Tests
The Standardized Field Sobriety Tests (SFSTs) is made of up 3 individual tests:
- Horizontal Gaze Nystagmus (HGN) test - This test involves the officer moving a pen or finger back and forth in front of the subjects eyes; the officer is looking for an involuntary jerking of the eyes (nystagmus) which is supposed to be caused by alcohol intoxication.
- Walk-and-turn test - The officer instructs the subject to take nine heel-to-toe steps in a straight line, perform a proper turn, and return nine steps heel-to-toe. The subject must not step off the line and must not use his or her arms for balance.
- One-leg stand test - The officer instructs the subject to raise one foot off the ground and count to 30 (one thousand one, one thousand two, etc.). The subject is counted off for using his or her arms for balance, hopping, swaying, or putting his or her foot down.
During the tests, the officer is looking for indicators that the person is under the influence of drugs or alcohol such as not being able to keep their balance or not following the instructions properly.
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