Many people believe the common misconception that a police officer can pull you over for whatever reason that he deems fit. Fortunately for the people residing the United States, the Fourth Amendment to the United States’ Constitution bars law enforcement officers from any unreasonable search and seizure. In other words, a police officer cannot turn on their flashing red and blue lights without a legitimate reason for doing so. This isn’t to say that there aren’t a law enforcement officers out there that can be a little overzealous (as can be seen on any social media outlet in the passed 5 years), however. Regardless of the reason you may have been pulled over, any police officer must have probable cause for doing so. 

• Regarding DUIs, “probable cause” is considered to be a sufficient reason based upon known or acquired factual information to believe that someone is not legal/capable of operating a motor vehicle. It is very hard to beat a California DUI charge, but with the help of a qualified attorney you can greatly improve your chances of getting your case reduced or dismissed. 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, using your turn signals without reason, 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.

A police officer can also 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, not using your turn signals, or even a dull tail light. Yes, we know how petty that is just like we know how frustrating it can be to get pulled over because the left side of your custom license plate that reads “1AM KING” is a little dim. The fact of the matter however is that an officer of the law is within his right to pull you over to make sure you aren’t breaking any other laws. In addition,

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 probable cause to pull you over. They have to make sure that you are aware that you are not within the laws 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.

For these reasons, 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.

Upon pulling you over, the officer will try to make observations about your physicality as well as your behavior and demeanor. They will be paying close attention to your speech in order to make the determination of your alcohol intake. By talking, you are also giving the police officer a big whiff of your breath, which could give them enough information to request a field sobriety test. Furthermore, they will be looking to see if your eyes are red, bloodshot, or dilated. If any or all of these indicators are observant through the cop’s eyes, it would probably be a good idea to not say anything else besides, “may I please call my attorney?”.

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 followed the stipulations of 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.

Probable cause is a very important part of a police officer’s case as it gives them the legal right to pull you over in the first place. If, for instance, you are driving down the road with a police officer tailgating you, and you know you have committed no crime, that officer has no reason to pull you over. But in the event that he does a reason to pull you over, the Law Offices of Max Gorby will do whatever it takes to fight for you. We understand that some people make mistakes. We aren’t here to be your judge, we are here to be your representation.

Please give us a call (323) 447-2819 at if you’d like to gain some advice on how to tackle your case.