As American citizens,
we all have certain constitutional rights that we need to be aware of and
exercise from time to time to ensure that justice prevails. This is not Cuba –
a country whose leaders imprison and torture their own citizens (really
torture, water boarding is a joke) for political differences and other
frivolous reasons.
Today, we will take a
look at what rights you have during and after a DUI arrest and how you can use
these rights in the most effective and efficient manner in order to make sure
that you are either a) not arrested at all or b) even if you are arrested, the
case against you is flawed and you will be able to beat your charges and avoid
a conviction and DUI lawyers from Snohomish, WA have been involved in these
legal aspects for many years.
If you need legal help,
it is just around the digital corner. Press right here: DUI-USAttorneys.com. It is not magic, it is the Internet. You can find
someone with the legal acumen and qualifications to help you fight the law. Just
because the police say it is so does not mean it is so.
Reasonable suspicion – what is it?
Reasonable suspicion,
as the name suggests, is a part of the constitution which mandates that for a
law enforcement officer to detain or even pull someone over there needs to be a
valid reason behind it. The police officer cannot simply stop and arrest you and charge you with a DUI just because he can. This is not Cuba, a country that
does not care for human rights, not even at the basic level. The officer needs
reasonable suspicion to believe that a person is driving under the influence to
be able to pull them over, subject them to sobriety testing, and progress
further.
When can an officer
stop you? A law enforcement officer, as already mentioned, cannot stop or pull
you over without a reason. Only in case you violate a traffic law, have a
stolen number tag returning on the officer’s system, or drive recklessly
without being able to maintain lanes, can you be pulled over. Law enforcement
may also stop you if they have received a tip that you are driving under the
influence and DUI attorneys in Washington have seen this scenario many times
before as well.
What is probable cause?
Probable cause is
essentially what a judge or jury in charge of the case will use to assess the
case against you. In a DUI arrest, probable cause exists if and when the facts
of the case further the belief that the driver was in fact driving while under
the influence, point out Snohomish, WA DUI lawyers. If you run into city
property and wreck your car like Debra Morgan did in Dexter then you should
know that you are drunk and most likely drove in a sloppy manner where probably
cause was easily registered. Even an elephant watching could probably figure
out that your motor control was compromised.
Law enforcement
officers are trained to be on the lookout for such facts before, during and
even after an arrest or detainment has been made. One of the biggest factors
affecting probable cause is the manner in which the suspect was driving.
Speeding, failure to maintain lane, reckless driving, and so on (right Debra
Morgan!?). are all considered probable cause.
Can you beat your DUI charge?
Often, people are
wrongly charged with DUI. This may be because of uncalibrated breathalyzers,
faulty sobriety testing techniques, or undertrained or biased law enforcement
officers. Any evidence that the prosecution has against a suspect can be
challenged in court. However, that requires the expertise of a Washington DUI
lawyer. If you have been arrested and face a DUI charge make sure to seek legal help as soon as possible.
Depending on the circumstances of your case, your legal representative may be
able to have the charges dismissed or reduced.

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