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Art_Lvr
Lv 4
Art_Lvr asked in Politics & GovernmentLaw & Ethics · 3 months ago

What standard of proof is necessary to stop a person's vehicle for suspicion of driving while intoxicated in New York? Any relevant cases?

I believe due to People v Hinshaw, after 01/2020, the standard became probable cause to stop a vehicle for a traffic violation, as opposed to reasonable suspicion. 

However, I am having a hard time finding recent cases related to driving while intoxicated and the standard of proof required for a stop.

3 Answers

Relevance
  • Slickterp
    Lv 7
    3 months ago

    Reasonable suspicion and probable cause are pretty much the same thing anyway, so kind of a moot point. 

  • babyboomer1001
    Lv 7
    3 months ago

    It doesn't take much.  Any little thing can be cause.  Sorry, I can't direct you to any cases.

  • ?
    Lv 7
    3 months ago

    Swerving, driving slow, stopping for no reason, any similar stupid behavior.

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