The Start of Galveston DWI Investigations: Challenging the Traffic Stop
The Start of Galveston DWI Investigations: Challenging the Traffic Stop
When a driver is pulled over on suspicion of Driving While Intoxicated (DWI), the investigation effectively starts with the traffic stop itself. Once a law enforcement officer initiates the stop, one of the main responsibilities of a defense attorney is to verify that the stop was legally justified. Under the law, officers must have reasonable suspicion to stop a vehicle. If the stop is made without this basis, the legitimacy of the entire DWI investigation could be challenged, and any evidence collected during an unlawful stop might be deemed inadmissible in court.
Reasonable Suspicion for DWI Stops in Galveston
In Texas, reasonable suspicion is defined similarly to federal standards. It typically means that a law enforcement officer, relying on their training and experience, has a valid reason to believe that a person has engaged in, is currently involved in, or is about to engage in criminal activity.
Officers may establish reasonable suspicion for a traffic stop through several types of traffic violations. Some common examples include:
Speeding: Driving above the speed limit or traveling at a speed that’s unsafe given the road or weather conditions.
Running Red Lights or Stop Signs: Not fully stopping at stop signs or disregarding traffic lights is a clear violation that can justify a stop.
Expired Registration: Failure to renew registration, or not displaying a current registration sticker on the vehicle, may lead to a stop.
Unverified Insurance: Officers can check a vehicle’s insurance status by scanning its license plate. Even if the driver does have insurance, a failure to confirm it in the system could create reasonable suspicion.
Reckless Driving: Aggressive behaviors like swerving between lanes, speeding, or tailgating can indicate reckless driving and lead to a stop.
Expired or Missing License Plates: Not having up-to-date or visible license plates, including the front and rear plates required by Texas law, can justify a traffic stop.
Failure to Use Turn Signals: Not signaling when changing lanes, merging, or making turns can provide the officer with a reason to pull over a vehicle.
Vehicle Equipment Violations: Broken lights, malfunctioning headlights, or other required equipment can justify a stop. Even a non-functioning license plate light can lead to an investigative detention.
Driving Without a Valid License: Operating a vehicle without a valid driver’s license or with a suspended or revoked license is grounds for a stop.
Seatbelt Violations: Not wearing a seatbelt, particularly when it's mandated by law, can provide sufficient cause for a traffic stop.
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