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Reasonable Suspicion for DUI Stops – Rhode Island DUI Defense Lawyer

Learn about the reasonable suspicions for a DUI Stops in Rhode Island:

Have you ever been stopped by a law enforcement officer for DUI and felt as if you were pulled unfairly? There are many cases proving that across the United States hundreds of cases lack solid evidence of a reasonable suspicion for DUI stops. Often times civilians feel intimidated by the officer and never think to pursue the feeling that they were stopped without reasonable cause.

The Rhode Island police aggressively prosecute DUI cases. Many people stopped for DUI feel as though the officer had no reason to pull them over. Many feel as though they were stopped for no reason because they were driving late at night or coming from a bar. In some cases, if it can be shown that there was no lawful basis for the stop, the entire case can get dismissed.

What is Considered Reasonable Suspicion for DUI Stops?

Before the police can lawfully stop your vehicle, the police officer must have a reasonable suspicion that you have committed or are about to commit a criminal offense. In DUI and Drunk Driving stops in Rhode Island, usually, the officer will state that reasonable suspicion was based on a violation of the traffic laws. Sometimes this basis of the stop can be challenged through a motion to suppress. If successful, a motion to suppress would exclude all evidence that is the fruit of the unlawful stop and could result in the dismissal of the case.

Attorney S. Joshua Macktaz, Esq. will review your case to determine whether evidence could be excluded based on a motion to suppress evidence.

If the police lacked reasonable suspicion that you committed a crime, they cannot stop and arrest you. If they lacked reasonable suspicion, the traffic stop was illegal. Any evidence they collected after the traffic stop is illegal, and inadmissible in your DUI/DWI case. If the court finds that the State lacks evidence, it will dismiss your case.

The U.S. Constitution prohibits unreasonable searches and seizures. Any investigatory traffic stop falls within this protection. If the police want to stop you to determine if you are Driving under the influence, they must have reasonable suspicion. Roadblocks have been held unconstitutional in Rhode Island. Also, a car cannot be stopped based on an anonymous tip or 911 call. Here are some examples of reasonable suspicion:

  • Turning with a wide radius
  • Straddling center of lane marker
  • Almost striking object or vehicle
  • Weaving
  • Driving on other than designated highway
  • Swerving
  • Speed more than 10 mph below limit
  • Stopping without cause in traffic lane
  • Following too closely
  • Drifting
  • Tires on center or lane marker
  • Braking erratically
  • Driving into opposing or crossing traffic
  • Signaling inconsistent with driving actions
  • Slow response to traffic signals
  • Stopping inappropriately (other than in lane)
  • Turning abruptly or illegally
  • Accelerating or decelerating rapidly
  • Headlights off
  • Speeding or other traffic violation
  • Burnt out headlight or taillight
  • Cracked windshield
  • Object suspended from rear-view mirror
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Testimonials

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Josh is committed to following through with his clients and ensuring they are happy. He is not only thorough but he is very responsive and cares. I appreciated his help and he adequately explained the process.
Aly Starr
02:27 25 Feb 19
My Experience with Josh representing me was beyond what I could have hoped for. Josh explained his thoughts and exceptions on my case & followed through to receive the best outcome.. Cannot thank you enough Josh!
Troy McGann
13:12 15 Jan 19
I highly recommend the services of Josh Macktaz. He was responsive, efficient and very realistic about my case and the associated penalties. My legal costs were exactly as he suggested on our first call (which were fair). He is very knowledgeable of the Rhode Island law and has very strong contacts at the traffic tribunal. Related, he handled minor hearings without me which saved me money and travel time. He did the best possible job for a guy in my situation. Anyone that has a drunk driving charge in RI that does not consider Josh Macktaz is risking their future and wasting their dollars.
Chad M
23:10 13 Jan 19
My experience with Josh was beyond positive. If I could rate higher than five stars I would. Through out my entire process he was professional, straightforward, knowledgeable and understanding. It did not take long after meeting him I knew I needed him to represent me. Although my road was long Josh stuck with me every step of the way. There is no doubt in my mind without him I would not have been able to get the best possible outcome in my case. For that my family and I are forever grateful to him. He truly is a master of his craft and a fighter through and through. If you need representation look no further " This is the Man you want In your corner."
Daniel James
14:08 22 Dec 18
I hired Joshua Mactaz to represent me. He did an amazing job. He is very knowledgeable, hard worker and will do anything for you. I would recommend him to anyone and I would certainly have him represent me again.
Susan DeFedele
06:41 14 Dec 18
We always dealt with Josh Macktaz directly. He walked us through every step of the process and answered all our questions. His representation for us in the court room was handled professionally and we are extremely happy with the outcome.
Cheryl DeFeo
00:24 14 Dec 18
Amazing lawyer. Josh explained every step to resolving my issue and got me the best possible outcome for my case. He is very to the point and will fight to defend his clients in their toughest times. If you find yourself in trouble in Rhode Island, there is no one I would recommend more than Josh!
James McKeown
04:46 06 Oct 18
Prior to contacting Joshua I was a mess. He put me at ease during my free consultation and I decided he was the right person to represent me on the spot. He delivered on everything he said he would.
Anthony Mayer
19:38 14 Sep 18
Joshua was great he dealt with my case with effectivness and in a very timely manner. He call me when he was telling me that he was going 2 change or do something that would benefit my case I appreciate the professionalism he gave and showed I would highly recommend using his services
Chris Baccelli
19:59 12 Sep 18
After meeting with several lawyers I chose Mr. Macktaz to represent me. His professionalism and positive attitude helped ease the stress of a difficult situation. Josh provided a detailed timeline of the court process and was clear on what my expectations should be. He was prompt in returning my calls and answered any questions or concerns that I had. I would recommend Josh to anyone in need of representation as he went above and beyond in securing the best possible outcome for my case.
Paul DiLorenzo
04:31 14 Aug 18
With Joshua Macktaz, Professional... he helped in my case and I thank him for his help and I truly recommend him for any case, one of the best in the business
jose carrion
23:23 11 Aug 18
Mr. Macktaz was very professional and helped me with my legal issues swiftly and very effectively. Who knew what to do and every steps to take. Highly recommended, one of the best in the business.
Uodam Sann
15:08 10 Aug 18
I will start off by saying I knew nothing about the criminal or traffic court system until March 2018. I made a choice to have one too many and was arrested (DUI). Dealing with the embarrassment of an arrest and fear of losing my job, I "google searched for a DUI lawyer" and Josh Macktaz name appeared. Although apprehensive about using a a Google Review to determine my future, I made the call. This is my experience... 1) Mr. Macktaz made time to meet me the day I outreached him. (free consultation)2) During our initial meeting Macktaz outlined in detail what I had ahead of me; including court dates and car insurance details.3) Mr. Macktaz was at every court appearance and explained what was going to happen in court and the potential outcome.4) He was confident in what the outcome would be... and he was right!In closing... would I retain Mr. Macktaz if I ever needed criminal representation again? Yes, he would be my first phone call. He continually follows up with his clients. I never felt the need to outreach Mr. Macktaz since he called or emailed first!
Paul
22:15 03 Jul 18
Professional, experienced and extremely knowledgeable! Josh took the time to answer all my questions, and was always very responsive. He was able to put my mind at ease. He was able to get my charges dismissed and my case expunged. Best Attorney in RI!!!
LORENZO CAIANI
15:56 09 May 18
Josh was very professional and extremely knowledgeable of my situation. He took the time to meet with me face to face multiple times to gather all the facts so he could develop the best plan possible. After collecting the facts he sat me down and he discussed all the options I had and why certain options may or may not be available in my situation. During this very difficult time, I at least felt comfortable that I received the best possible outcome and Josh is the reason why. A true professional through and through.
Neal Manaskie
19:28 23 Apr 18
For someone who is totally new to the court system Josh took the time to sit and explain options,situations and solutions before he even a dollar was given. He made you feel protected within the court system, and I would recommend him to anyone looking for good help. He was a total down to earth and knowledgeable person someone you'd want on your side. Any help or questions I had were solved within hours by email and he kept connected with me throughout the whole process. Me and my whole family are greatful for the help! Thanks Josh !
Dylan Nunez
02:54 22 Mar 18
Josh is unlike any attorney I've ever had contact with: and I have worked with and for several. Customer service is a key part of the great service he personally delivered. It is with great confidence that I am able to refer him. He brought me the best results possible. He also returned every single phone call. Thanks Josh!
Kathleen Whitmarsh
17:07 13 Mar 18

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