One of the primary defenses raised in Drug Crimes cases is to argue that the police did not have probable cause to stop a vehicle and later search the car for drugs. Intent to Deliver charges Typically, the police claim that they stopped a vehicle because the driver committed a vehicle code violation such as running a red light or not putting on a turn signal before turning. Under Pennsylvania law, the police are permitted to stop a motor vehicle if the driver of the vehicle commits a driving infraction or motor vehicle code violation. One issue that arises in Drug Crime cases is that after the vehicle is stopped the police find drugs in the vehicle. The defendant, through his attorney may challenge the police’s basis for stopping the vehicle. If the court finds that the police did not have probable cause to stop the vehicle, then the drugs are suppressed and the case is dismissed by the court. Make sure to contact an experienced Chester County Drug Lawyer at the Bellwoar Kelly, LLP.
One vehicle code crime that arises in Drug Crimes and assessing whether the police had probable cause to stop a vehicle for driving too slowly. Medical Marijuana Cards The crime for driving too slowly can be found under Title 75 section 3364 of the Vehicle Code. The crime is called Impeding movement of traffic prohibited. To establish a violation of section 3364, the Commonwealth does not have to prove the speed at which the defendant was driving. However, they must present proof that the defendant’s slow driving speed impeded the flow of traffic. Courts in Pennsylvania have generally defined this as any act that would impede the “normal and reasonable movement of traffic” generally by blocking or backing up traffic. If the government stops a car for violating this statute and subsequently finds drugs in the car, the must prove that the vehicle was impeding the flow of traffic or the seized drugs can be suppressed and kept out of court.