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Lack of Probable Cause

By Bruce M. Robinson, P.A.

I recently read an article in The Aspen Times about a woman in Colorado that blew a .23 at following a DUI arrest but her case was thrown out at trial. Apparently this is news worthy in Aspen but in reality, it is not, it is just the law working the way it is supposed to. You see, in order to lawfully stop a citizen?s car, a police officer needs R.A.S. Reasonable Articulable Suspicion that a criminal or traffic offense is being committed. While this level of suspicion is low, (ie., it is not the normal criminal standard ?beyond a reasonable doubt? which is a high standard) it still requires some ?objective? proof on the part of the law enforcement officer ?Leo?. That is to say, that LEO cannot just subjectively say, I don?t like this person?s looks so I?m going to pull them over, or he just crossed the white shoulder line for 3/10s of one second so I?m going to pull this person over for DUI...continue to full post

Full post as published by Maryland DUI Lawyer Blog on March 10, 2011 (boomark / email).