After having dinner with his wife at the Isle of Capri Casino in Kansas City, Missouri, Mr. Loyd was stopped and charged with DWI and
Driving While Revoked. The
Probable Cause for the Police Officer stopping him was that he allegedly Failed to Signal a turn while leaving the parking lot of the Isle of Capri Casino. However he did not receive a ticket for 'Failure to Signal', and the Officer's in-car video did not show such an infraction. After a Jury Trial in Jackson County, Missouri, Mr. Loyd was convicted of
Driving While Intoxicated and
Driving While Revoked and sentenced to six months incarceration, with two years of probation. He appealed both cases. On Appeal, the Western District Court of Appeals reversed both convictions, holding that "As defined by municipal code, it cannot be disputed that Loyd was not at an 'intersection' or 'roadway' prior to turning
since he was on private property that was not 'publically maintained,' and therefore he was not required to signal prior to turning. Accordingly, the police could not have had probable cause...to pull over Loyd's vehicle."
State v. Loyd, No. 71692 (Mo. App. W.D., December 21, 2010)
The Fourth Amendment to the United States Constitution guarantees that individuals will not be subject to unreasonable searches or seizures.
DUI and Criminal Defense Lawyer, I see an increasing amount of cases where the Arresting Officer had no
probable cause to stop my client. The Police are just doing their jobs, unfortunately that job might entail stopping you for any reason that might later stand up in Court, with the expectation that the traffic stop will turn into a DUI arrest. It is not uncommon for police to monitor traffic leaving casinos and bars. If you are out, especially late at night, you should expect it.
If you find yourself facing a DUI charge, contact my office to discuss your case. There are many ways to attack a DUI case, and
probable cause for the intial traffic stop is one of the first things we look at.