Is a previous DUI reasonable suspicion?


Is a previous DUI reasonable suspicion?

Almost 2 years ago an officer pulled me over and charged me with a DUI. I received A.R.D. This Friday July 1st. Around 12:45-1:15 am I was on my way to work. I pulled up to the stop sign and came to a complete stop. I started looking in my passenger seat for my wallet. After (5-10 secs) I found my wallet, I prepare to pull off I notice lights coming my way. I pull out and see a state trooper. He does a U-turn and immediately pulls me over.

This is the same trooper who pulled me over before. He walks to my car stating I did not stop at the stop sign. starts to ask for my documents I turn to see him and suddenly we recognize each other. He immediately says my eyes are red(they weren’t) tells me to get out of the car and do field tests, searches my car, and then lets me go.

I am worried I will see this officer again and be harassed. Can he pull me over because of my previous DUI as ‘reasonable suspicion’? EVEN if it was A.R.D and “Never happened”.

If I feel I may be harassed should I write an unopened letter to myself or post on forums to bring to court if I do need to take it that route? Stating I feel threatened and believe I will be targeted.

Traffic Lawyer Richard Simon’s Answer

Previous DUI is not reasonable suspicion, but the claim you had red eyes is. Whether you did or not is within the officers judgment. Harassment will have to take a few more incidents.

Be the first to write a comment.

Your feedback