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Learn Why You Can Be Stopped for a DUI Based on an Anonymous 911 Call

Jeff Cole
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Partner at Zimmer, Duncan & Cole

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8/14/2015
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If you were stopped by a police officer on suspicion of intoxication, you might be surprised if you learned the stop was made based on an anonymous 911 call about your driving. You might be more surprised to learn that this is legal. An officer can stop and arrest you for a DUI even if he did not observe dangerous driving on your part.

When an Anonymous 911 Call Provides Reasonable Suspicion to Stop a Driver

In appropriate circumstances, an anonymous tip that provides reasonable suspicion of driver intoxication is enough for an officer to legally stop a driver. Factors that determine whether the tip was reliable enough include:

  • If the caller makes it clear that he has witnessed the motorist’s dangerous driving.
  • If the call is made immediately after the caller witnessed the dangerous driving, and he provides accurate information about the vehicle and its location. This suggests that the caller is being truthful.
  • If the tip came through the 911 system, which allows the call to be traced and provides safeguards against people calling in false tips.

If you were stopped based on an anonymous tip, South Dakota judges may decide that the police had reasonable suspicion to stop you. It is important to discuss the facts of your particular case with an experienced criminal defense attorney to see if the call was reliable.

Have you been charged with a DUI based on an anonymous 911 call? Even if this is your first offense, it is important to have an experienced criminal defense attorney at your side. At Zimmer, Duncan & Cole, LLP, we will explain your legal rights and work to get the charges dismissed. Start an online chat to schedule a free consultation to learn how we can help you.

 



Category: Criminal Defense

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