Steps In A Civil Court Case
In many parts of the world for Steps In A Civil Court Case, government law enforcement agents need little or no reason to harass, detain or investigate the citizenry. However, United States law specifically prohibits this sort of abuse of police authority and power. In the U.S. law enforcement agents must have some observational reason for detaining, arresting or otherwise investigating the activities of a U.S. citizen.
Probable cause with Steps In A Civil Court Case is the legal term describing what does and does not give officers the ability to investigate or apprehend an individual. Probable cause is simply legal jargon for saying that the officer must have a good reason, based on something that he or she has witnesses, for suspecting that a person has committed a crime. It is the need for probable cause that prevents police officers from pulling over drivers at random.
Probable Cause to Hire a DUI Attorney
However, what is and is not probable cause can get a bit tricky. In fact, probable cause is one of the things most often disputed in criminal cases. For this reason, it is fairly uncommon for a police officer to pull someone over simply for suspicion of driving under the influence, unless the individual is driving in a noticeably erratic manner.
What is far more common about Steps In A Civil Court Case, is for a police officer to pull over a driver for a routine traffic violation and then to cite probable cause for asking that driver to submit to a field sobriety test or breath analysis. Most people who get arrested for DUI don’t get pulled over for swerving, they get pulled over for speeding, failure to obey a traffic sign, expired tags broken taillights or other traffic offenses. However, from the moment the police officer walks up to your window he or she is looking for other signs In House Counsel.
Open or empty alcohol containers in the car, bloodshot eyes, slurred speech, difficulty presenting your driver’s license and registration and smelling of alcohol are all considered probable cause. It are factors such as these that make it lawful for a police officer to ask you to submit to a sobriety test. By virtue of Implied Consent Laws, you have already agreed to submit to these tests by having a driver’s license. If you refuse when asked, you can face even stiffer penalties than you will for a DUI conviction.
On the other hand, if a police officer asks you to submit to a field sobriety test without probable cause then they stand in error in the eyes of the law, even if a chemical tests determines that your blood alcohol content was, in fact, over the legal limit. If it is determined that the police officer did not have probable cause then your entire case may be dismissed by the judge. This is one of the reasons that hiring a highly knowledgeable attorney who specializes in DUI cases is so important. DUI attorneys deal with the intricacies of DUI arrests and convictions on a regular basis. If the arresting officer in your DUI case didn’t have sufficient probable cause, then a good DUI lawyer will be able to get the charges dropped.