Anonymous Tips Leading to Lawful DUI Arrests
There are various scenarios that end with a DUI arrest. A situation that has become far more common over the last several years starts with a cell phone call from an anonymous “tipster” alerting the police of a suspected drunk driver on the road. In order for this to be a valid arrest, there must be evidentiary and legal requirements that exist.
Requirements for Valid Tipsters Drunk Drivers Legally speaking, the police cannot simply pull up to a vehicle identified by a tipster as a drunk driver and pull it over for a DUI. By law, the police have to observe the driver either do something that would otherwise justify a drunk driving stop, or otherwise violate some traffic law that, in and of itself, would justify the stop.
However, there are some situations where the police officer can pull over and arrest an individual for drunk driving based on an anonymous tip without observing any traffic violations or signs of drunk driving.
In such cases, the court has applied four factors to justify its holding that the DUI is valid:
- The intoxicated driver posed a great risk to the public,
- It is rare for people to report a case of a false drunk driving report
- Being pulled over by the police is not a big intrusion, and
- The officer must believe the reliability of the tip.
This is where legal representation can be most valuable in defending your DUI charges. Your DUI lawyer will do a detailed evaluation of your case to determine whether the above factors apply to your particular case. If not, then your charges will successfully be dropped.
We Can HelpIf you or someone that you love has been arrested for a DUI, it is crucial that you consult with an experienced DUI lawyer, especially if your arrest was based on an anonymous tip to the police.
For more information or to schedule a consultation with DUI attorney Param Pabla.