Probable cause to approach my vehicle?

[matt6906]

What is the name of your state?MN
I was driving home from a dinner with some clients. I was about an hour away from home and I decided to stop and take a look at a map and take a breather. I was going to stop a a rest stop, but they are closed due to the partial Minnesota Government shutdown. I pulled on the side of the road for about 15 minutes. Next thing I know a trooper pulled up behind me. Since it is not illegeal to be pulled off the road, did he have probable cause to approach my vehicle?

[Dougthegreat]

Yes. You were already pulled over anyway, but he doesn't need probable cause to pull you over, either.

And what does this have to do with DUI?

[matt6906]

Oh, I forgot to add that I was cited for DUI. But thier is no law that says you cannot be lawfully pulled over on the side of the road. According to legal advice I have recieved from a criminal defense attorney, there may not have been probable cause to approach my vehicle. I had my lights on. And there was no reason to suspect I was in need of assistance, since I did not have my hood up, hazards on, flat tire, ect.

[TYRIS]

Originally Posted by matt6906

Oh, I forgot to add that I was cited for DUI. But thier is no law that says you cannot be lawfully pulled over on the side of the road. According to legal advice I have recieved from a criminal defense attorney, there may not have been probable cause to approach my vehicle. I had my lights on. And there was no reason to suspect I was in need of assistance, since I did not have my hood up, hazards on, flat tire, ect.

-Not having your hood up, hazards on, flat tire, etc..does not mean you do not need assistance. An Officer can conduct a consensual contact at any time for no reason.

This does not you have to speak to the Officer but he can still make the contact.

If the Officer does make a consensual contact and developes probable cause to believe a crime has been committed then he can detain you for further investigation.

I have made numerous contacts of subjects parked on the side of the road (in and out of the vehicle) and have subsequently arrested them for driving under the influence.

Tyris

[Dougthegreat]

Originally Posted by matt6906

Oh, I forgot to add that I was cited for DUI.

...well then god bless that trooper for taking another menace to society off the road.

[HomeGuru]

I agree**************..

[s_isforsupergir]

I was arrested for DUI while standing in the Fairbanks, AK airport with my luggage. A man in the airport pointed me out as a driver who had just cut him off outside the terminal. I had been in the airport for over an hour and had been drinking. I was arrested for DUI.

[CdwJava]

Originally Posted by s_isforsupergir

I was arrested for DUI while standing in the Fairbanks, AK airport with my luggage. A man in the airport pointed me out as a driver who had just cut him off outside the terminal. I had been in the airport for over an hour and had been drinking. I was arrested for DUI.

Well, the elements are intoxication and driving ... you had been observed driving and were intoxicated. I'm guessing that they ultimately identified the vehicle you HAD been driving. And unless you alleged you tanked up between the parking lot and the terminal, that kinda makes you guilty.

- Carl

[Curt581]

Originally Posted by matt6906

But thier is no law that says you cannot be lawfully pulled over on the side of the road.

Just like there is no law that says a police officer can not stop behind you and offer assistance.

I stopped behind a car parked under similar circumstances. The male driver started to pull away just as I walked up. He stopped when he saw me, then told me he and his female passenger had just pulled over to switch drivers, because SHE was too drunk to drive.

As it turned out, so was he.

BOTH were arrested for DUI, and both were later found guilty.

According to legal advice I have recieved from a criminal defense attorney, there may not have been probable cause to approach my vehicle.

If you hire that attorney, expect to pay him lots of money, and be found guilty anyway.

I had my lights on. And there was no reason to suspect I was in need of assistance, since I did not have my hood up, hazards on, flat tire, ect.

All irrelevant.

[CdwJava]

In CA there is a law that requires law enforcement under certain circumstances to stop and offer assistance. Being stopped on the side of any highway is a dangerous prospect even if you are off the road. Plus, many DUI driver do that ... and they fall asleep at the wheel with only their foot on the break (certainly an unsafe situation).

The contact was perfectly lawful. If he developed further cause when he spoke to you (slurred speech, odor of alcohol, bloodshot and watery eyes, etc.), then this is a good pop.

- Carl

[devi8]

Originally Posted by Dougthegreat

...well then god bless that trooper for taking another menace to society off the road.

And God bless you Doug, you really are great! I hope you get out of jail real soon.