Unlawful Police Stop

Unlawful Police Stops in Texas

Get Help from Our College Station DWI Defense Attorney

Everyone makes mistakes, including police officers. While their duty is to enforce the laws, they can often make arrests out of impulse or with complete disregard of the laws. When an officer commits an unlawful arrest, it can negate any efforts made by the prosecution, since the case has no legal basis.

At The Law Office of Shane Phelps, P.C., our 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.

Get started today on your free consultation. Contact us!

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 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 Test (SFST) is made of up 3 individual tests:

  • Horizontal Gaze Nystagmus (HGN) test - Herethe officer will move a pen or small object back and forth in front of their eyes, looking for signs that they are under the influence.
  • Walk-and-turn test - the officer will instructs the person to walk in a straight line for around nine steps and then return back.
  • One-leg stand test - the officer instructs the person to stand with one foot in the air and hold it for until told to put it 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.

Do Not Hesitate to Have a Former Prosecutor on Your Side!

When police stop you at random or even on some suspicion you are drunk based off of a hunch or intuition, this is not credible grounds for a stop or arrest. As a former prosecutor, our senior attorney can give you the advantage of knowing how the prosecution will approach your case and how to develop a proper defense strategy. Let our College Station DWI lawyer help you get your life back to normal immediately.

Contact our firm and request a free consultation today.

Client testimonials

  • “Mr. Phelps's professionalism and his knowledge of the law was absolutely exceptional.”

    - Satisfied Client; Read this review on Avvo
  • “He immediately assured me (panicked mother) that he would guide my son and I through this Class B misdemeanor. He did indeed!”

    - Satisfied Client; Read this review on Avvo
  • He's very knowledgeable, professional and sincere. I would recommend Shane to any and everyone.

    “Our son committed what we considered a major crime. Shane was recommended by the bail bondsman. We called and actually got to see him the same day. We had our day in court, which was a simple in and ...”

    - Satisfied Client; Read this review on FindLaw
  • He was able to not only have the charges dismissed, but completely expunged from my son's record.

    “Working with Mr. Shane Phelps is the absolute best decision I made when I was in need of an attorney for my son. Mr. Phelps was extremely helpful in guiding me through the entire process of my son's ...”

    - Satisfied Client; Read this review on FindLaw
  • Not only very knowledgeable but he is very kind and compassionate

    “Our family highly recommends Shane for your legal matters. He is not only very knowledgeable but he is very kind and compassionate. He is a straight shooter, not telling you what he thinks you want to ...”

    - Sharon; Read this review on FindLaw

Striving for Favorable results

  • Both Charges Dismissed 2 counts of Aggravated Assault
  • Case dismissed Criminal Trespass - Property
  • Motion to Adjudic dismissed. Probation completed Motion to Adjudicate on Possession of Marijuana 4oz. - 5 lbs
  • Refused Possession of False ID
  • Refused following our investigation Furnishing Alcohol to a Minor (Class A)
  • Reduced to Class C Misdemeanor Criminal Trespass to Habitation (Class A)
  • Refused Aggravated Kidnapping (1st Degree)
  • Reduced Possession of Marijuana
  • Dismissed Theft $20,000-$100,000 (3rd Degree)
  • Reduced Driving While License Suspended

Benefits of Hiring Our Firm

  • 24/7 Availability
  • Free Case Consultations
  • Award-Winning & Recognized Counsel
  • Former Prosecutor Experience
  • Board Certified Criminal Defense Specialist Since 1992 by the Texas Board of Legal Specialization
  • Over 30 Years of Legal Experience

Shane Phelps' Accomplishments