What is probable cause or reasonable suspicion in a DUI arrest?

As Americans, all of us have fundamental rights courtesy of our constitution. The constitution serves to protect our freedom and privacy. We also have the constitutional freedom of movement, which entails that law enforcement officers cannot stop or pull someone over without any reasonable cause or suspicion to do so.

There is an exception to this rule which is when one drives through a DUI checkpoint, he or she can then be stopped and checked without any such reasonable cause or suspicion.

If you have been slapped with a DUI charge in Northern California, in the Bay Area, all hope is not lost. If California can still be thinking about building high speed rail when they cannot afford it and when most people do not want it you have a shot to knock back or deflect some of these DUI charges or punishments. Have you been to this website yet? Have you spoke with Mark W. Kelsey yet?

What qualifies as reasonable suspicion and probable cause in a DUI arrest?

Walnut Creek, CA DUI lawyers have confirmed that even if you are pulled over for no apparent reason, tested positive in sobriety checks and arrested, you will be able to lawfully have the case dismissed when it goes to court simply on the basis that the law enforcement officer or the arresting officer had no reason to stop you in the first place.

An arresting officer requires a reason to stop you (this is called reasonable suspicion) and secondly, the officer requires even more probable cause to detain or arrest you (this is probable cause to suspect that you have or are committing a criminal offense). If these rules are not abided by, a Northern California DUI attorney will be all over these charges.

Coming to reasonable suspicion, it is what the officer needs to initiate the traffic stop. In general, there are many traffic infractions and other things that an officer can deem as reasonable suspicion. If you run a traffic light, if you are speeding, if you fail to maintain lane, are driving a vehicle registered as stolen, if your vehicle is missing parts or has defective parts or street-illegal parts, etc. will all qualify as reasonable suspicion wherein the officer can pull you over.

Forming probable cause

As mentioned before, even after you are pulled over, the officer cannot simply arrest or detain you unless he or she suspects you of having committed a crime. This is why law enforcement officers are trained. They hone their senses as they approach you and will use sight, sound and smell to see if there is anything suspicious. Officers will focus on whether you are nervous, shaking, sweating, and restless or any other signs. Your Walnut Creek, California DUI lawyer will ask you about this as well.

You do not need Ethan Hunt on this case. This is not going to be in any Mission Impossible movie. In broke California and their struggling cities, they are handing out DUI charges like stores sell packs of peanut M&Ms. Help can be on the way. One of the best DUI lawyers in the Bay Area, out of Walnut Creek, is Mark W. Kelsey who can be reached right here: http://www.legalserviceswalnutcreek.com/. Give him a call if you are facing DUI charges. Go to that website. Call him ASAP!

Furthermore, if they notice an open container of alcohol, or is able to smell alcohol or drugs on your person or in the car, if they notice that your speech is slurred and that your eyes are blood shot then the officer can go ahead and subject you to sobriety tests to confirm his suspicion before placing you under arrest.

A considerable amount of DUI suspects form their defense arguments primarily under lack of probable cause for the stop. According to the statistics, this strategy does not bear fruit. 42% of those that reported to this defense were convicted, 33% ended up pleading guilty themselves, and none of them were able to have the case dismissed.

A DUI lawyer who has a supreme track record

If you have become charged with a DUI and want to beat your case in the Bay Area, you will need to consult a Bay Area DUI lawyer right away and get started on building a solid defense. One of the finest in the field is Mark W. Kelsey.