Probable Cause to Hire a DUI Attorney

July 19, 2010 By 2 Comments

By Robert Malove -

In many parts of the world, 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 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.

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, 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.

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.

Do you have more questions? For more information about this topic, visit Fort Lauderdale DUI Lawyer. If you are in the Fort Lauderdale, Florida area, you can also visit Fort Lauderdale Criminal Attorney. If you need direct help with your questions you can call the Law Offices of Robert Malove at 954-745-5840 begin_of_the_skype_highlighting              954-745-5840      end_of_the_skype_highlighting begin_of_the_skype_highlighting              954-745-5840      end_of_the_skype_highlighting or visit them at 1 East Broward Boulevard #700 Fort Lauderdale, FL 33301.

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Drunk In Charge Of A Vehicle – Don’t Be Caught Out

November 13, 2008 By Leave a Comment

By Richard M Jenkins

It is common knowledge that to drive on a UK road with excess alcohol in your system, more than 35 micrograms of alcohol per 100 milliliters of breath, in a criminal offense.

Anyone convicted of driving with excess alcohol in their system will be disqualified from driving for a minimum of 12 months. If the person has had a similar conviction within the last 10 years then the driving disqualification will be for a minimum of three years.

The total length of the ban will depend on several factors the most important being the amount of alcohol within the system. As the minimum disqualification is mandatory any hardship such as loss of employment due the ban will not be taken into account.

Certain “special reasons” however can be used to argue against a disqualification. For example maybe the driver in question has moved their vehicle only a short distance, from roadside to driveway or may have been dealing with a true emergency. Although technically this is enough to warrant prosecution it may be possible to argue “special reasons” not to disqualify. Such “special reasons” however can not guarantee a ruling against a ban. The law here is complex and each case can only be judged on a case to case basis.

It is not so widely known that a driver can also quite easily be prosecuted for being drunk in charge of a vehicle. The law states that anyone who is in charge of a vehicle on a road or other public place having consumed excess alcohol is guilty of this offense. This can lead to a discretionary ban, a fine or ten penalty points. You can be charged with this offense for simply having the keys to a vehicle whilst having excess alcohol in your system. This means if you sleep in a parked car whilst having consumed excess alcohol you can be charged. Even sitting in your car with excess alcohol in your system is enough to get you arrested. You only defense if you are arrested for this is to prove that there was no likelihood of you driving the vehicle whilst excess alcohol was still in your system.

These two offenses can be committed either on a road or other public place. This means any area the general public have access too. This could be pub car parks or shopping car parks. Even private roads have been held to be “other public places”.

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Drunk Driving Penalty – Going Home With Huskies

November 13, 2008 By Leave a Comment

By Kacy Carr

Drunk driving – What would the victim who lies on a cold mortuary slab have to say had they known at the time of their death that their murderer had no real motive for the killing other than that of being under the influence of alcohol where the drunkard had choices unlike the corpse whose last breath was taken from them through an act of unjustified folly.

How can a drunk driver really believe he/she is capable of driving a vehicle after swigging ten pints of beer or a bottle of whiskey? If you are tempted to drink drive then you must listen to the friends who have your best interest at heart when they grapple to retrieve your car keys

If you are the friend of a drunken sot who is about to set out and kill them self or take the life of another then you must forcibly take the car keys away from them. It is far easier and safer to hail a taxi cab, catch a bus/train or walk home from the pub. Christmas is the time to be jolly so keep it that way by drinking in moderation or cut down on consumption of spirits with a high alcohol percentage.

Knowing the law on drink driving and imposed penalty types may have you reconsider one severe penalty that is usually inevitable in cases of drink driving and that is loss of life.

If you have been pulled up in a vehicle by a police constable he/she can request a breath test. Anyone, man or woman under the influence of booze who is caught driving, attempting to drive, or in charge of a motor vehicle on the highway or in a public place like outside your own home or even in a shopping mall car park etc, will be required by law to provide a breath test, to ascertain whether you are over the prescribed limit of alcohol – 35 micrograms of alcohol per 100 millilitres of breath (or 80 milligrams of alcohol per 100 millilitres of blood). You know what they say, don`t do the crime if you can`t do the time and if you exceed these limits then you may well be on your way to prison. Points on your drivers licence and a heavy fine are other imposed penalties for driving a vehicle while drunk, the motorist will face a driving ban (disqualification) If you are convicted of a drink driving offence then you can expect to find it extremely hard to find a car insurance company willing to insure you with out upping your annual premiums to an extortionate price. Well what do you expect after committing a crime as such?

If you have been asked to pull over and a breath test is requested then it has to be sanctioned by an officer in uniform, however a request for a roadside breath test will only happen if one of the following situations applies:

The police officer in question will have to have a reasonable cause to suspect that you have committed, or are currently committing a moving traffic offence, or if, having stopped, an officer has reasonable cause to suspect that the person driving/attempting to drive/in charge of the vehicle has consumed alcohol of more than the legal amount that law states or the police officer has reasonable cause to believe that you were the person driving/attempting to drive/in charge of a motor vehicle which was involved in an road accident. No doubt if common sense prevails none of the drink driving laws will apply. Keep safe this Christmas and go home accompanied by huskies.

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Can You Drink and Avoid the DUI Laws

November 12, 2008 By Leave a Comment

By Cary Bergeron

Because everyone’s bodies are different and the law needs a place to draw the line, drunk driving laws in every state have a set blood alcohol content level that is considered “drunk driving.” This is .08 in most states. However, many people can be drunk with levels far below this, and the amount of alcohol it takes to reach the “legal limit” according to DUI laws varies from person to person. For this reason, it is best to never drive after drinking.

When does impairment begin? We know that .08 is an unsafe level because once blood alcohol content reaches this point drivers are 11 times more likely to be involved in a car accident. However, what about a blood alcohol content of .02? Is this considered “safe” to drive?

When researchers look at blood alcohol levels to determine what is safe, participants with blood alcohol levels of .02 are already showing a loss of judgment. This is the point where alcohol helps you to relax and enjoy yourself. You do not yet feel drunk, but you are able to party a little harder. However, when you step behind the wheel of a car, you will suffer from lowered visual functions. You will also find it difficult to multitask. This means that simply reaching down to turn on the radio while you are driving could be too difficult for you, causing you to be in a crash.

What about a couple more drinks? Let’s say that your blood alcohol content increases to .05. At this level, you can expect to see exaggerated actions, inability to focus your eyes quickly, less alertness, less inhibition, and more impaired judgment. Your coordination is greatly reduced, which is particularly dangerous when you are driving. Your response in an emergency situation is going to be very slow, putting those around you at severe risk. Yet at .05 you are still far below the legal DWI limit.

The good news for other people on the road is that most states have DUI laws that allow the officer at the scene of a crime to arrest you for DUI even if your blood alcohol content level is less than .08. Of course, many drivers are able to get out of these convictions with a skilled DUI attorney, but this will require quite a bit of money out of your pocket, and you will still live with the consequences of causing an accident. If you are going to drink, designate a driver. Even just one or two drinks can severely limit your ability to function behind the wheel of a vehicle.

To find out more about DUI Laws be sure to visit http://www.DUIConsequences.com Also if you are looking for Pennsylvania DUI Laws our site has that too.

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Understanding DUI Laws and the DUI Breath Analysis Test

September 19, 2008 By Leave a Comment

By Cary Bergeron

When you are pulled over on suspicion of driving under the influence of alcohol (DUI), you will likely be asked to submit to a breath analysis test. Understanding this test is essential if you are going to decide whether or not to take it. Refusing to take the test can be used against you in court in many states, so make sure you understand how it is used.

First, in order to understand the breath analysis test, you must first understand how the body reacts to alcohol. Alcohol enters the blood stream quickly because it does so through the walls of the stomach, rather than needing to travel through the entire digestive system. Bodily fluids dilute the level of the alcohol in the blood, and some is eliminated through the liver. Whatever is left in the blood is excreted through sweat, urine, and the breath of the drunken individual. The breath analysis test is done in an attempt to measure the BAC of the individual through his or her breath.

The breath analysis is done using a machine known as a Breathalyzer. This machine is simple to use. You simply breathe into the Breathalyzer, and it will show the police officer your BAC. These results are not perfect, but they are an indication of whether or not you are driving with a BAC that is above the legal limit in your state. If you fail the test, you will be brought in for further testing, including a possible blood or urine BAC test.

Many states allow the breath analysis test to be used against you in court. However, if you are working with an attorney, your attorney may be able to prove that your test results were inaccurate. Many factors can distort the results of the Breathalyzer test, so if your test results were extremely high, or if you felt they were inaccurate, consider working with an attorney when you head to court.

The Breathalyzer is an important tool to officers who actively search for drunk drivers. It gives them yet another simple way to determine whether or not an individual is driving with too much alcohol in his or her system. Before you decide to sit behind the wheel of a car after having a few too many drinks, remember that the police officer who catches you will have a quick and easy method to determine if you are drunk, and drunk driving carries swift and heavy consequences, no matter which state you are calling home.

Need to know more about the [http://www.duiconsequences.com/]DUI Laws in your state? Head on over to [http://www.duiconsequences.com/]http://www.DUIConsequences.com for all the information you need.

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Filed Under: Arizona DUI Laws, DUI, DUI tests Tagged With: , ,

DUI Laws and Consequences

September 19, 2008 By Leave a Comment

By Cary Bergeron

Sure, you know that you will go to court as a result of your DUI conviction. You know that you are going to face fees, fines, community service, and possibly jail time. But what are the other consequences of being convicted of a DUI? Are you ever truly going to be over this conviction, or will it haunt you for the rest of your life? [Read more...]

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