Whether you are pulled over for going 100 miles per hour in a 35 miles per hour zone or for expired tags on your vehicle, it’s never an experience that people enjoy. If you abide by all traffic laws, however, you can prevent getting pulled over by law enforcement. This isn’t to say that every time you are pulled over is warranted, but you should do everything you can to follow the rules of the road. 

A common statement that many people make following an arrest includes, “the police officer had no reason to pull me over”. If by chance, you were pulled over illegally, it’s best to consult an attorney to find out what can be done about law enforcement’s complete disregard for the 4th amendment to the United States Constitution. The following 4 tips could help you better understand your rights as a United States citizen who drives a motor vehicle.

1. Law enforcement officers are not all-powerful.

Many people believe the common misconception that a police officer can pull you over for whatever reason he deems fit. Fortunately, the fourth amendment to the United States’ Constitution bars police officers from unreasonable search and seizure. This isn’t to say that there aren’t a few officers out there that can be a little overzealous, however. Regardless of the reason, you may have been pulled over, the police officer must have probable cause. If you believe you were pulled over without probable cause, it’s wise to consult an experienced attorney like Max Gorby to discuss your case.

2. Sufficient reason based on acquired facts are mandated by state law

Regarding DUIs, “probable cause” is considered to be sufficient reason based upon known or acquired factual information to believe that someone is not legally equipped to be operating a motor vehicle. There are numerous ways that a police officer could justify claiming probable cause in order to pull over a vehicle. This includes, but is not limited to, driving in multiple lanes at once, swerving from lane to lane, speeding, driving excessively slowly, slamming on the brakes, or hesitating prior to going through a green light. Though these driving actions aren’t traffic violations, they provide a police officer with enough information to pull you over for suspicion of driving under the influence of alcohol and/or drugs.

3. Law enforcement officers can pull you over for one simple traffic violation.

A police officer can pull you over for any of a number of traffic violations. Some of them could be as petty as a burnt out license plate light or even a dull tail light. Regardless of the reason, you are getting pulled over, in most cases, a police officer is turning on his red and blue flashing lights for a legitimate reason. So do yourself a favor and make sure that everything on your car is in accordance with the DMV guidelines to ensure that you aren’t breaking laws that you don’t know you are breaking.

4. Traffic violations can be left to the law enforcement officer’s discretion.

When a police officer makes the decision to pull you over for something like a burnt out license plate light, it is his sole discretion on whether to do so or not. In the same way, they can also pull you over (per their discretion) for having your tint too dark, for having your music blasting too loud, for your engine being too noisy, or for not stopping long enough at a stop sign. Things such as these provide the police officer with enough reason to pull you over. They have to make sure that you are aware that you are not within the law’s barriers. In addition, they have to make sure that you aren’t committing any other crimes. So before you try to make small talk with the cop asking you for your license and registration, keep in mind that he’s there because he made the discretionary call to be there at your car window. And before you ask him why he pulled you over, know that he definitely didn’t do it for no reason.

*Don’t break the law!

It’s a good idea to always make sure your car is not breaking the law. Make sure that all of your headlights, tail light, turn signals, and license plate lights are all in working order. Furthermore, you should make sure that your vehicle is routinely maintained by people who know much more than you know about cars and driving laws. Probable cause is just the first of multiple steps that could have you finding yourself in a position you never thought you would be in. The moment they pull you over is the moment that they feel they have (or think they have) probable cause to do so.

Here at the Law Offices of Max Gorby, we specialize in determining exactly what constitutes probable cause. If, for any reason, you get pulled over and arrested for a DUI and you feel like the police officer had no right to pull you over in the first place, give us a call and we can investigate to see if the officer abided by the 4th Amendment to the U.S. Constitution. If the police officer had no rhyme or reason to pull you over in the first place, he had no right to arrest you for anything either.

Please give us a call (323) 447-2819 at if you have any additional questions or concerns about your case or the case of loved one. We would be happy to have a sit-down and talk about what we can do for you.