When stopped by a police officer in West Virginia, it is crucial for the stop to be conducted legally, otherwise, your lawyer can leverage this opportunity to have the charges against you dismissed. Specifically, Wheeling WV Criminal Lawyer often challenges the legality of police stops in Cincinnati for DUI charges in West Virginia. If you are pulled over for a traffic violation, it should be considered a seizure under the 4th and 14th Amendments, based on West Virginia Case Law. Therefore, the police officer must adhere to the correct legal standards when stopping you.
Unlawful stops can often lead to a complete dismissal of charges for the offender, and this could potentially apply to your situation as well. If you find yourself facing charges related to an West Virginia DUI case with an unlawful stop, Wheeling WV DUI Lawyer can provide the necessary legal assistance to help you have all charges dismissed. Reach out to us at Mountaineer Criminal Law Group for professional guidance.
Well, when an officer stops a vehicle, they should be able to provide reasonable suspicion of unlawful activities taking place in the vehicle. Ultimately, this is a standard that will be evaluated by the court, taking into account all circumstantial evidence.
Therefore, it is vital to understand that only if the officer observes a traffic violation, will the stop be considered justified. If there are no grounds for criminal suspicion or observable unlawful activity, stopping your vehicle would be deemed illegal in the state of West Virginia.
Now, it is essential to consult with Wheeling WV DUI Lawyer to analyze and assess why the officer singled you out for a traffic stop. If, after careful analysis, your lawyer identifies any inconsistencies, they can file a Motion to Suppress, challenging the legality of the stop. Moreover, Wheeling WV Criminal Lawyer will thoroughly question the legality of the standardized field sobriety test, ensuring it was administered in full compliance with the National Highway Safety Administration Manual. This will have a direct impact on the court’s decision concerning your arrest.
Rest assured, the lawyer will aggressively cross-examine the police to establish that the officer did not witness any unlawful behavior during the stop and that their decision was solely based on a hunch. The West Virginia Court does not consider a hunch to be sufficient grounds for stopping a motor vehicle.
Furthermore, Wheeling WV Criminal Lawyer can also challenge the validity of any chemical tests conducted, such as breath, blood, or urine tests, if they were not carried out in strict accordance with the West Virginia Department of Health Guidelines or West Virginia Administrative Core Guidelines.
At Mountaineer Criminal Law Group, we offer expert legal assistance for DUI cases. Our dedicated Wheeling WV DUI Lawyer is committed to listening to your unique situation and aggressively pursuing every possible avenue to achieve the best outcome for you. Whether it’s getting your charges dismissed or minimizing penalties, we are here to help. Take advantage of our free consultation today to learn more about how we can assist you.