For the most part, every US citizen has
fundamental rights courtesy the US Constitution, which 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. This is not Cuba! America cares about its
people.
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| DUI lawyers in Alexandria, VA know there is not too much empathy for a DUI driver who destroys a life and a family. Make smart decisions! |
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. However, that doesn’t
mean you are stripped of your rights, say marvelous DUI lawyers in Alexandria,
VA which can be found right here @ DUI-USAttorneys.com. Click and
call!
The police must have reasonable
suspicion and probable cause
Even if you are pulled over for no
apparent reason and test positive after a sobriety check and arrested for a DUI, you may be able to lawfully have the
case dismissed simply on the basis that the law enforcement officer or the
arresting officer had no reason to stop you in the first place.
According to Virginia DUI attorneys, an
arresting officer requires a reason to initiate a stop, which is ‘reasonable
suspicion’ in legal terms. In addition, the officer requires probable cause to
detain or arrest you. This means that the officer must have cause to suspect
that you have or are committing a criminal offense.
There are many traffic infractions and
other things that an officer can deem as reasonable suspicion. If you ignore a
traffic light, are found to be speeding, fail to maintain lane or are driving a
vehicle registered as stolen, this can qualify as reasonable suspicion for
which the officer can pull you over.
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| Is this expensive? It is much cheaper than a DUI! |
Now in the movie Need for Speed you
could see cars going fast. In fact, this movie was all about speed. This movie
was all about taking risks and pushing the boundaries on what a human being can
do in a car, behind the wheel, filled with ambition. Tobey Marshall (Aaron Paul)
was the fastest driver and he outran and outmaneuvered lots of police officers.
Now this was fiction and pretty much ridiculous but it was entertaining. If you
drive like this, expect to be pulled over.
And if you are drunk, the punishment
will even be more severe.
The police will look for probable cause
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 will use sight,
sound, and smell to see if there is anything suspicious. According to
Alexandria, VA DUI lawyers, the investigating officers will focus on whether
you appear to be nervous, fumble to find your documents, or any other signs.
Furthermore, if they notice an open
container of alcohol or smell alcohol or drugs on your person or in the car,
they will have probable cause to arrest you. In addition, if they notice that
your speech is slurred and your eyes are blood shot then the officer can
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. Many drivers are of the notion that using lack of probable cause as a
defense strategy could let them off the hook.
However, that is far from the truth. It
takes a legal pro to be able to get the best outcome in a DUI case. Therefore,
if you have been arrested or charged with a DUI and want to
beat your case, you ought to consider contacting a Virginia DUI lawyer right
away and get started on building a solid defense.
Use USAtttorneys.com to get this done.
This website simplifies the Internet and searches for legal assistance. This
website is the opposite of the US tax code, it is simple!
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