I recently received excellent news for a client in a Berks County Driving Under the Influence case. The Judge granted my motion to suppress evidence based on an illegal vehicle stop in the Kutztown area of Berks County. As a result of the ruling, all charges have been dismissed and my client wins his case.
In this particular case my client was operating a motor vehicle in Kutztown Borough when he was spotted by a Kutztown Borough Officer. Testimony revealed that no vehicle code violation of any type occurred in Kutztown, but nevertheless the Officer followed the motorist out of his jurisdiction and into a neighboring township which is patrolled by a different police department. At that point the Officer notices some swerving within the lane and failure to use a turn signal and proceeds to initiate a vehicle stop.
The Municipal Police Jurisdiction Act outlines when and under what circumstances an Officer may conduct an extra jurisdictional investigation. These laws can be found at 42 Pa.C.S.A. Section 8953. One justification for an Officer to act outside his jurisdiction is “Hot Pursuit” of a person for whom the Officer has probable cause to believe has committed an offense. In this case, the motorist committed no violations of any type in the Officer’s jurisdiction – giving the officer absolutely no reason to follow the motorist outside the jurisdiction. Based on the totality of the circumstances the Judge determined that suppression of evidence was appropriate.
If you or a loved one is facing Drunk Driving charges in Berks County, Pennsylvania you need an experienced and skilled advocate at your side. I have personally defended several hundred DUI cases in Berks and surrounding counties. At the law firm of Ebner, Nevins & McAllister we know how to fight your case and obtain the optimal results for our clients. Call today for a free consultation.