Thanks to the US Constitution, we have
certain constitutional rights at all times unless we chose to waive them off.
Even prior to, during or after an arrest, the arrested suspect can exercise
these rights. If you are pulled over or arrested for a DUI, you do have rights
as well according to Chattanooga, TN DUI lawyers.
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| If you have been charged with a DUI, you will need a Chattanooga, TN DUI lawyer. |
Right
to due process
After any arrest, including a DUI
arrest, a suspect has the right to due process. This right to due process is
courtesy of the Fifth Amendment and Fourteenth Amendment to the Constitution.
These amendments dictate that the government cannot take the life, liberty, or
property of any person without due process of law.
Not every country cares about human
life. Cuba comes to mind. Russia certainly is noteworthy for its destroying of
lives by tossing people into the Gulag for any sort of reason. It does not
matter if the crime was heinous or just because you did not agree with the
communist killers and oppressors. Communists despise Christians as well so they
toss them into prison for no reason – this is because Christianity was the
first promoter of freedom and Christianity promotes freedom. We saw this in the
movie The Way Back with Colin Farrell who was Valka and Ed Harris who played
Mr. Smith.
In this movie, they walked 4,000 miles
to India to obtain their freedom from a Siberian, Soviet Union gulag. Americans
do not have to worry about this since our Constitution is strong and it does
not allow for the President to become a dictator despite President Obama trying
to do so via his immigration policy and so on. Though Obamacare is a violation
of the constitution but that is another topic. The police cannot toss you into
prison for days and days – you must be charged with something, have a court
date, and be given other items as well. This is not how it works here.
Due process is about justice in the
sense that no person can be convicted for DUI without a fair hearing as
somewhat just stated. You may exercise this right to ensure that the state
gives you the opportunity of a hearing prior to the suspension or revocation of
your driver’s license. But, driving is not seen as a right and instead is
deemed a privilege. Therefore, you may not always be given a jury trial before
your license is suspended or revoked.
Right
to discovery and exculpatory evidence
When prosecuted as a possible criminal,
you have the right to secure evidence and to see the evidence against you.
Therefore, the state will have to disclose and hand over information you can
use as evidence if and when requested. Many people are unaware of this right
and fail to exercise it say DUI attorneys in Tennessee who have helped hundreds
of people charged with DUIs beat their case.
However, there is a difference when it
comes to felony cases and misdemeanor cases. In felony cases, full reciprocal
discovery is essential whereas in misdemeanor cases discovery is rather
limited.
In many states, misdemeanor suspects are
only entitled to statements made by the accused, scientific reports, evidence
presented, and other evidentiary material such as 911 recordings, crime scene
photos, etc.
Right
to remain silent
It often happens that a DUI suspect
answers interrogations by law enforcement officers not knowing that they have
the right to remain silent. If you do say something, then it can and will be
used against you in a court of law, caution Chattanooga, TN DUI lawyers. The
best thing to do when questioned would be to politely decline answering and
refer these questions to your DUI legal counselor instead who you will soon be
securing.
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| When cars drive themselves, then you drink all you want. |
Right
to the presumption of innocence
Even though you have been pulled over,
tested for intoxication and then arrested, you are technically still innocent
until proven otherwise. The burden of proving your guilt is upon the
prosecutors, and if they fail to do so then you will be ruled innocent and
acquitted of the charge. This is what is known as the right to presumption of
innocence.
There are several other rights that you
can exercise after being arrested for a DUI. Just make sure to
contact a Tennessee DUI lawyer today to find out what these are and how you can
use them in your favor.
Getting a DUI is not fun but at least
you are not in a Russian gulag. Press right here DUI-USAttorneys.com – incredible websites
like this is also something Karl Marx would not have believed in. The power to
the people is not something socialists and communists advocate.
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