DWI: how to beat it on expansion of stop

Did you know that a DWI can be thrown out if an officer doesn't have enough cause under the law to ask you to take field sobriety tests? This is called expansion of the stop, and even if you admitted drinking, the officer still may not have a right to make you take field sobriety tests, and you could win your DWI/DUI case.

[@robnowicki1490]

Thank you. Sadly, 35,000 have viewed this - yet only 377 have given a thumbs up? People - you need to learn to protect yourselves, and THANK those helping you. I THANK YOU, Councilor.

[@danejohnson3342]

He's absolutely right, drinking and driving isn't in itself illegal, but being over the limit of .08 is illegal.

[@wbbils7052]

Excellent analysis. You taught me something new and I did research and writing for other criminal lawyers for 20 years (although not many DUI cases). You're a sharp cookie.

[@RyanPacyga]

thank you! we learn something every day, and we can all make each other better!

[@projectracerx]

mr ryan sir, ive watched a few of your videos and find them very informative. you are a great help for the very close call im having

[@VincentAvilaa]

You always gave us a good information. Thank you.

[@richardgabriel8783]

Yeah he did! Bro look at my little picture, check out the license plate! That's my white Benz E502 License plate VCV 24600 L0L

[@DelGardnerr]

This is great information. I don't about this until I watched your video!

[@MrDayd3]

If I were to be charged with DUI in Minnesota I would most certainly hire you as my attorney.

[@tommyfreitag965]

Great info and you do an amazing job at breaking it down.

[@RyanPacyga]

Thank you

[@luisolmedo4116]

i recently got a DWI. I work about 12 hours in construction, so is sometimes intense labor. this particular day i decided to go to a local bar a few blocks away from where i live at, with a friend. had a few drinks and decided to leave. on my way home decided to pass by a fast food restaurant between the bar and my home. the drive thru was a bit slow, so i made myself comfortable on my seat. fell asleep and woke up to 2 cops knocking on my window. the first question one of the officer asked me if i been drinking. which i was truthful and said a few drinks. he then told me that i had fallen asleep on the wheel and to step out the vehicle. i refused a breathalyzer and now i will be taking this to trial hoping i can beat it. this videos offer a lot of information that the normal majority of the population dont know about.

[@joemunch58]

Doesn't sound like they have evidence you were driving.

[@bobbowie9350]

So what happened?

[@RuthNunezz]

Nice information. And I like your tie.

[@pantera29palms]

Thank you Ryan, I just got a DUI and I may have to use this for a defense.

[@movingforwardfco1587]

Awesome information thanks.

[@JamieLaPorte]

Here's one for you, 1) suspect goes into the ditch during the middle of a snowstorm 2) no data service to look up a tow truck and no friends or family are answering their phones, so suspect calls 911 to request help. 3) officer arrives, opens the passenger door and asked for license and proof of insurance which was provided by the suspect with no issues 4) officer notes in his police report that he noticed a smell of alcohol and bloodshot, glazed eyes but also notes that it looked like the suspect had been crying 5) asks suspect to get out of vehicle. My question is since they didn't witness the driving itself, can the fact that they were in the ditch alone be a factor in determining if they have grounds to suspect the person had been drinking?

[@robertcoups3918]

I know a person here in Pennsylvania who got a DUI for sitting in a car parked in his back yard drinking beer and talking on a CB radio with the car not running, You don't need to be driving, you just have to be in possession of the keys for that car.

[@Scroopulous]

This is good to know. I wrecked in heavy snow and decided to drink afterwards for the long night ahead of me I was waiting for daylight to walk to town, a cop happened upon me an arrested me for a DUI and now my class A liscence is at risk

[@BroadwaterWayne]

This show the importance of DUI Attorney!

[@EvanLevow]

Certain elements of expansion of stops are suppressed as evidence quite often. As stated, the officer must have a reasonable suspicion to expand the stop. It's good this discussion includes the eyes, as there are many reasons why someone might have bloodshot or watery eyes. There are also medical reasons why someone's eyes will jerk.

[@burtvincent1278]

Within a few yards of home following a beer run, I crossed the center lane to avoid a jogger. Officer stopped me for this non violation. My idiot brother didn't conceal our open beers like I told him to. Cop saw beer cans which are 10 cent return items in Michigan. Scene got ugly when I told him he was violating my 4th amendment rights as I had violated no valid law. Scene got uglier with additional cops so I got out. Being 73 and with bad legs I refused to do the chicken dance. I was laughing and told him to get the breathalyzer out if he thought I was drunk. I blew .02. I beat that and beat the open intox since avoiding a jogger by crossing the centerline is not a violation of any law. The 4th amendment defense held in this case. I was more than willing to take it to a jury trial. Prosecution threw it out.

[@79melanie1]

I wish I could hire this lawyer

[@toms7947]

Just don't get arrested for drunk driving and you won't need to. Trust me.

[@yakuza982]

What statutory case would you use to say the smell of alcohol is NOT probable cause?

[@userAMERICA1]

Like you said, it's not illegal to have a drink and drive. It is illegal to be over a 0.08. many of these lawyers are saying a 04 or more can get you in trouble in different ways like careless, driving and whatnot but the government needs to be held to a standard. If you say 08 is the legal limit than anything under 0.08 even a 79 should be legal

[@Ic_truth]

What if cops decide to arrest someone for a dui bc he slid on ice then decided to drink until his tow truck driver friend came? He harmed no other party

[@mikep6014]

If cop is lying why he pulled me over ? Is that enough?

[@runordie2]

This happened to me he asked me do I know why I pulled you over and I said for my headlight and he’s like yes your headlights out and he asked where I came from I said bar and asked me questions about drinking and I did all his tests blew a .08 what’s my chances of winning the case?

[@RyanPacyga]

too hard to say without seeing the entire file. Make sure you ask your lawyer about expansion of the stop!

[@orlandocriminalteam]

A wealth of info to swallow

[@billysantiago6016]

Are you still available

[@DerekIrwinn]

If you will not take the field sobriety test or the breath test. They will still get your license right? Thanks!

[@shawnlyons3413]

If your still looking at this Ryan Ive a question for you. I used to be a bouncer and was certified in specific Alcohol aspects, per say... a person may continue to become more intoxicated long after they have stopped drinking. I was traveling home one night after leaving a friends house where we had been playing games and drinking. I was fine when I left, but on my way home... ( i live and stopped out in the middle of nowhere ) I felt that I should stop and call my wife to come get me. I pull off into a legal rual rest/camp spot for travelers. I borrowed a lighter from another citizen who happened to be there. I then got back into my truck and continued to find someone to come get me. An hour and half later Alaska Troopers pull up to investigate said tip. I refuse to speak to them, I refuse to give them my drivers license citing they have no reason to be bothering me and I am not driving at any rate. I am bullied out of my truck eventually as they are armed and making threats to my person. They then demand that I take a field sobriety test. I respond with, before we continue speaking Im going to need my attorney present. He tells me that were not to that point yet, why would I want that. I ask him, oh im free to go then? and turn to do just that and he tells me no im not that im being placed under arrest for DUI. I refuse to blow into the machine, not openly but by repeating like a broken record, Im going to need my attorney present before I interact with you or answer any questions. They take me to the station, they begin trying to get me to blow again under implied consent there and telling me how Im going to be charged with an additional charge of refusal as severe as the DUI Im already charged with. I stick to my guns of needing my attorney present. They give me a phone book to begin looking for an attorney, I cant seem to find him. They ask me whom is my attorney, I say possibly so and so. The cop then dials a number and hands me the phone where some man on the other end is telling me to do everything they say. I have zero idea who im talking to. They charged me with refusal though tech I never refused, I just insisted on my right to counsel present. They never once stopped trying to coerce me under threat once I stated my rights... thoughts on this

[@JRBROOKS42]

IT HAPPEN TO ME IN 2019 !!! COP PULLED ME OVER ON POLICE DASH CAM VIDEO YELLED AT ME TO GET OUT OF MY TRUCK WITH MY HANDS UP AND HE IS STILL IN HIS POLICE CAR GIVING ORDER'S AND NEVER SMELLED BEER 100 FEET AWAY FROM ME AND NEVER HERD SLERD SPEACH I NEVER SPOKE BEFORE HE USED DEADLY FORCE AGAINST ME IS THAT AN ,ELEGAL STOP ? THANKS ,CASE STILL PENDING

[@TELLO3675]

Hi Ryan how can a DUI be Dissmissed then 7 days Re-File again thats crazy and i wasnt pulled over i was out my car talkin too my wife when he came around the block harrasing Me he said my Gait was impaired and that I didnt probarly stop at a stop sign He is crazy this would be my 1st DUI offence and im not takein the first deal i had a PD he offered me Time served 3 months license suspencion and 6 months probation I fired my PD and got me a paid attorney who got me a dissmisel cus the officer

[@FirstLast-jo8jg]

Because the officer what?? That's crazy I was going to say that deal wasn't too bad

[@SouthernR0cker4Life]

They can't expand the stop to bring in a Drug Sniffing Dog either.

[@richardgabriel8783]

WTF YOU NAILED IT! 11/24/2020 9:30pm stop by the local restaurant for a few beers and my wings to go, as soon as I pulled out not even 5 minutes I got pulled over! (I was already chowing down on my garlic parmesan wings) when he came up to the window he told me why I was pulled over ( red tape over my tail light ) then he mentioned a smell of alcohol! I was eating my wings and I had a large Coke in the Center Council! He told me to follow his finger while I was sitting in my car, he told me to step out so we can continue the test I asked him if he had a breathalyzer and he said no so we continued with the test! The last one I did was one leg up one leg down which was very hard (we were at a slant) after when I was done I was put in cuffs! Went down to the station 40 minutes later I took a blood test ( in violation of title 17??) I was released in the morning my paperwork said (0.08% or more BAC Chemical Test Results) today is Dec 3) That was on the 24th of this month Nov (No results yet) when he was writing the report he told me that he was putting down that I was very cooperative and remember you're not guilty until proven! The arresting officer & Finger printing officer were kool! I asked them the name of the Watch Commander so I can put in a good word! Thats what I did on the 1st of this month (Dec) I spoke to the Watch Commander told her I was arrested and booked for DUI ( first offender also said 5 years armed executive protection) every single word you said is what happened to me! I watched another video and the same thing regarding title 17! I wish I could afford an attorney.

[@Miamibeachlifestyle]

Yeah but what about Pennsylvania versus mimms

[@davidskjeie]

Doesn't People v. Mimms authorize police to order you out of your car for their safety, never mind whether they have RS or PC of being under the influence etc. If so, how do your comments stand given the authority granted by Mimms?

[@RyanPacyga]

Looks like I need a haircut.

[@CHE113A]

Interesting I don't know how I got here?? But, Well, I'm here?... I wonder ( Although I don't drink ) If the same law applies in the UK Ryan? Thanks for a very informative video Appreciate it

[@CHE113A]

And, Maybe haha No, It's fine ; )

[@richardgabriel8783]

Read my comment! Court date 1/5/21

[@enemigo2482]

So reasonable suspicion and probable cause is illegal in Minnesota

[@RyanPacyga]

No

[@LPCIzFAMOUS]

so I blew over a .08 after supposably not coming to a complete stop??? Also I passes the test and then agreed for the bt, but at the end the guy didn't tell me my mirando rights and the unit that pulled me over was hwy patrol. Can i challange this? and is it worth?

[@VictoriousSecret100]

if he didn't read you your miranda rights, then you already won the case. get a lawyer.

[@noneofurbuisness9072]

Penn V Mimms says you will get out of the car as it is only a minor inconvenience to the driver. Giving bad advice man.

[@unlawfuldui569]

Check out the "unlawful dui" channel.

[@NoahBuddyIsReal]

I love the idea, but sadly it depends on the judge you get 😂 Just as it depends on the mood of the cop. Nothing about the law is objective. It is purely a subjective matter of opinion. The cops always win. Take the plea deal...

[@toms7947]

Don't be drunk while driving. How about that for advice?

[@garyvale8347]

bad advice......Officer can lawfully ask you to step out of the vehicle ...............

[@bobbowie9350]

Yeah. Then shit get ugly real fast

[@rayflores4902]

When the cops show up I was not in the car or behind the wheel I stated no contract and they took that as a refusal and arrested me then forced me to take a blood test or I would be charge with an aggrovated dwi laws in N.M. are shit in my opinion

[@rayflores4902]

No miranda as well

[@jmar1371]

Better idea... Blow triple zeros.

[@jimjenkins2551]

I hope you would blame a Government who knows full well we have the technology to make all cars safe independent of drivers, but keep this racket going in the interest of milking people for money.

[@toms7947]

Sir, I respect your profession and providing excellent legal representation to your clients. However, how can you feel any sense of satisfaction with a client getting charges dismissed and having a BAC of .17? This was a technicality with the stop, I get that, but how can you be ok with this. Your client was a threat to society and you helped them get away with that. I guess I can't understand your view. Thank you for the video though.

[@RyanPacyga]

Criminal defense lawyers get that question quite often. The value is in protecting everyone’s constitutional rights. Without the remedy of suppression, there would be no reason for the government or its officials to honor the bill of rights. As long as the government does not violate the rights, the evidence comes in and the case is not thrown out. But when those rights are violated, the evidence is usually thrown out. That deters the government from violating rights any time they choose. Most of us lawyers do not rejoice at the fact that public safety is at risk. Quite the contrary. We all want a safe society. But we represent a check and balance on the government, upholding constitutional protections for all citizens.

[@toms7947]

@@RyanPacyga I see your point. Thank you for the explanation.