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What is the legal standard for a DWI or DUI stop and arrest in Fairfax County Virginia?


October 21, 2010
Topic: Reckless Driving & Traffic

The process of a police investigation obviously first begins when a person has contact with the police. In DWI/DUI cases, this contact is in the form of a traffic stop. Fairfax Virginia DWI/DUI Lawyers are often asked what the legal standard is for a DWI/DUI stop and arrest.  An officer must have a "reasonable suspicion" of criminal activity to make a traffic stop. A mere hunch of illegal activity is not enough for an officer to stop a vehicle. A stop is not the same as an arrest. In order for a police officer to place a person under arrest, the officer must have "probable cause" to believe that the person committed a crime. If at any point the officer does not have a sufficient basis either for the stop of the arrest, then all evidence that is obtained after that point can be excluded.  Speak with a Fairfax Virginia DWI, DUI, Drunk Driving Attorney for a more detailed explanation.

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