Thursday, March 24, 2016

What is Probable Cause or Reasonable Suspicion in a DUI Arrest?

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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