The initial stop in a DUI/DWI case can be the most important aspect of the legal defense. Contrary to what many people believe, officers cannot stop a motor vehicle on a mere hunch or suspicion. The officer must be able to articulate specific facts which amount to a "reasonable suspicion" of criminal activity. There are cases which have held that lawful conduct the officer subjectively finds suspicious is not enough for a stop. Accordingly, in a Virginia DUI case, it is critical to discuss with your Fairfax DWI Lawyer the specific facts that occurred before the officer initiated the stop. If the court finds that the stop was not supported by a reasonable suspicion, all evidence obtained (and all observations made by the officer) will not be allowed into evidence. In other words, the case will be dismissed.
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