Overview
A DUI case can collapse if the traffic stop was illegal. In Nevada, officers need at least reasonable suspicion of a traffic violation or criminal activity to stop a vehicle, and they can’t prolong a stop without fresh justification. If the initial stop or the duration/search was unlawful, evidence that follows (odor, field sobriety tests, breath results, even statements) can be suppressed—and the prosecution may have no case left.
What this defense challenges
- No reasonable suspicion for the stop (e.g., vague weaving with no lane breach or safety impact).
- Pretext stop that lacks a valid underlying violation.
- Prolonged detention to “fish” without new facts (e.g., waiting for a DRE or K-9 without cause).
- Expansion of the stop into unrelated questioning or testing without consent or cause.
- Checkpoint or community-caretaking stops that don’t meet constitutional safeguards.
What suppression can exclude
If the stop/detention is unlawful, the court can exclude all fruits of that illegality—observations, FSTs, PBT/breath/blood tests, statements, and any evidence discovered during the extended detention.
How we build it
We audit dash/body-cam video, CAD/dispatch logs, report timelines, and device records. We reconstruct the moment-to-moment basis for the stop and how long the encounter lasted. If the State can’t articulate specific, credible facts for the stop or the extended detention, we move to suppress.
What to do next
Bring your citation, police report, any paperwork for tests, and your memory of the stop (where, when, what was said). We’ll map out a suppression strategy and timelines to put the State on its heels quickly.