911 Calls – Why they’re not a perfect reason to stop you for DUI.
You’re driving along. You’ve had a few too many drinks. You’re in Lynnwood, Bothell, Everett, or anywhere else in Washington. You swerve slightly. The concerned motorist behind you calls 911. Later that evening you find yourself walking a line and being asked for a BAC test. This is not uncommon.
From the Kitsap Sun
Two men were arrested over the weekend after 911 callers observed them driving erratically, according to the Washington State Patrol.
Just after 6 p.m. Saturday, a driver reported a car crossing the centerline repeatedly while driving south on Highway 3 near the Bremerton airport. A trooper caught up to the car, driven by a 24-year-old Belfair man, in a residential area off Sandhill Road in Mason County. He was arrested for DUI, troopers said.
Just before 6 p.m. Sunday, a driver called 911 to tell dispatchers of a travel trailer that was “weaving badly,” as it headed east on Highway 16. Troopers also caught up to the trailer, and stopped it in Gig Harbor. The 32-year-old driver, of Puyallup, was arrested for DUI as well.
Both drivers were found to have blood-alcohol levels more than double .08, the legal limit for driving, troopers said.
Understanding that we want to make sure that drunk drivers are stopped, these stops may not hold up in court when the case finally comes to fruition. Why not?
Under Washington law, an officer is not allowed to simply pull over a car based on an anonymous (or unknown) 911 tip. This is true even if the officer gets an accurate description of the suspect’s vehicle. The only time an officer is allowed to effect a traffic stop for a DUI under these circumstances is if he sees corroborating evidence of drunken driving.
If you were stopped because of a 911 call, you may have a solid issue in your case. Lynnwood area DUI Attorney Jonathan Dichter offers FREE Consultation on cases like these so that you can present the best possible defense!
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