Fort Lauderdale Anonymous Tip of Drunk Driving Attorneys
Imagine that you are driving to work, to meet friends, or even just to run some errands, and you are pulled over. After the officer approaches your vehicle, they tell you they pulled you over because they received an anonymous tip that you were driving while drunk. Is this legal? Below, our Fort Lauderdale anonymous tip of drunk driving attorney explains the legalities behind these tips.
Reasonable Suspicion
Anonymous tips are important when getting drunk drivers off the road. Drunk drivers cause some of the most serious crashes and so, it is important that they are identified and taken off the road as soon as possible. Still, law enforcement cannot stop a driver based on an anonymous tip alone. In any instance, police officers must have reasonable suspicion to stop a driver before pulling them over. This means they must observe the driver acting intoxicated, such as weaving in and out of lanes, speeding excessively, or driving too slow.
Police officers cannot stop a driver based on an anonymous tip alone. Although a tip can alert officers to find and follow a specific driver, they must observe certain behavior and have reasonable suspicion before attempting to make a traffic stop.
Requirements for the Anonymous Tip
Just as police officers have requirements they must follow when stopping drivers, anonymous tips also have certain requirements. The anonymous tip must be from a credible source, or provide enough details about the potentially intoxicated driver that allow the police to follow through on the tip. The anonymous tipster must also provide details about what the driver may do, or has already done, that poses a risk to others. These requirements are necessary because not all tips are anonymous. Some people may act maliciously and report a suspected drunk driver when the motorist is sober and driving safely.
Requirements for Arrest
Just as police officers have certain limitations before they can pull someone over for a traffic stop, they also have restrictions on when they can arrest someone for a DUI. Before making an arrest, a law enforcement officer must have probable cause that a driver was intoxicated. They may obtain this probable cause by administering field sobriety tests, chemical tests such as a breathalyzer, or by observing certain things, such as an open container in a vehicle, or the smell of alcohol on the driver’s breath. This evidence is not only necessary for probable cause, but also for the trial of the accused.
Our Fort Lauderdale Anonymous Tip of Drunk Driving Attorney Can Help with Your Case
If you have been pulled over or arrested for drunk driving based on an anonymous tip, you need sound legal advice right away. At Meldon Law, our Fort Lauderdale anonymous tip of drunk driving attorney will review the facts of your case, determine if your stop was illegal, and fight back against any charges you are facing. Call us today at 800-373-8000 or contact us online to schedule a free consultation and to learn more about how we can help.
