Oklahoma law enforcement officers are required to have probable cause to stop a vehicle. If the officer is somehow unable to substantiate the traffic stop, anything discovered because of that stop might not be admitted into evidence in court. Therefore, the criminal defense of anyone facing criminal charges in connection with a traffic stop starts with a review the events leading up to the driver being pulled over by police.
For example, an officer recently pulled over an Oklahoma man claiming that his tag light was not functioning. When the officer approached the vehicle, he claimed to smell alcohol. Supposedly, the driver was sitting on a bottle that allegedly contained alcohol, which the officer says he tossed into the back seat when the officer asked him to exit the vehicle.
The officer claims that the 25-year-old driver admitted to drinking alcohol and did not pass a field sobriety test. A breath test allegedly indicated that the man had been drinking. The man was placed under arrest and was booked on suspicion of DWI, open container and other traffic violations. He was also faces a charge for child endangerment because a 3-year-old child was in the back seat of the SUV.
The driver’s criminal defense team will most likely review all of the circumstances leading up to the traffic stop through his booking to make sure that his rights were protected. The review will include determining whether the officer had sufficient probable cause to stop the vehicle and whether the driver’s alleged admissions were legally obtained. If the officer failed to follow proper procedure or any equipment — such as the unit used for breath testing — was not working properly, the criminal charges could result in a dismissal.
Source: news9.com, “Man Accused Of Driving Drunk In Harrah With Child In SUV”, June 16, 2015
