Pulled over then given a dui but no ticket for what you were pulled over for

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Pulled over then given a dui but no ticket for what you were pulled over for

If you were told you were speeding do the cops have to prove you were speeding for the dui to stick? If not why?

Asked on May 4, 2009 under Criminal Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No it is not necessary to prove you were both speeding and drunk to convict you for a DUI.

If the police has reasonable suspicion to pull you over, that's enough.Why? The United States Supreme Court has held that's enough.  I doubt you'll get the Court to change its mind.

If you can prove the stop was a pretext stop, for example if the police were pulling over all members of a minority (such as for "driving while black"), you may have some basis to challenge the stop, but once the police testify you were driving erratically, or you were exceeding the speed limit (even 31 in a 30 mph area) the sop and subsequent arrest should stand.


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