We all dread being stopped by police regardless of whether we have committed an offence or not. It gets even worse when stopped for suspicion of driving under the influence (DUI). There is a certain protocol that a police officer is required to follow while arresting a person for suspicion of DUI. In Los Angeles, California and in other parts of the United States the police are required to follow the specific protocol while arresting someone for a DUI offence and a competent lawyer can tell you about this.
Failure to follow this protocol will mean that the office does not have grounds to arrest the driver for DUI. Furthermore, the things you say when you are stopped can give the police officer a reasonable cause even if you are doing nothing wrong and you are just cooperating with the officer.
It is paramount to understand the protocol that the police officers are required to follow before they arrest you for DUI. Even if it is important to corporate with the officers, there are situations where you do not have to talk or answer some question. The right not to talk is related to the Fifth Amendment which gives you the right not to incriminate yourself.
Requirement of Having a Probable Cause
Before a police officer pulls you over he or she needs to have a probable cause. The probable cause is usually established when you commit a traffic violation or when you do something illegal while driving. The most common violations include running a red light, speeding, running a stop sign, changing lanes without caution or having a taillight that is not working among others. There are situations when the police officer can notice that there is a person in the car who needs assistance. This also gives the police a probable cause and the right to pull the particular vehicle over.
Requirement of Reasonable Suspicion
When a police officer establishes a probable cause and pulls a driver over, the police can subject the person to a breath test if the officer has a probable suspicion that the driver is intoxicated. Some things that can give the police officer probable suspicion include; slurred speech, red eyes, incoherence, small of alcohol or being unable to properly stand with one foot.
Making certain admissions can also give the police officer probable suspicion. In normal circumstances the police officers usually ask the person they have pulled over whether he or she has been drinking. Because most people do not like getting into the trouble with the police officers or to be caught lying, they usually admit that they have been drinking. This is considered to be an admission and as a result the driver can subject you to a field sobriety test or a breath test.
It is paramount to understand that one cannot be found guilty of DUI if the police officer failed to follow the set protocol. A case in which the officer did not follow the protocol can even be dismissed. If you willingly admitted that you have taken alcohol the police officer’s case will be stronger. It is not advisable to lie to a police officer who pulls you over, but it is important to know that you are protected by the Fifth Amendment. It is not mandatory that you talk or admit to things which can be used against you. The law gives the power to tell the police officer that you do not wish to answer any questions.
In Los Angeles it is helpful to know your DUI rights.it is also helpful to hire a competent lawyer who can help in dealing with your case and fighting for your rights.
0 Comments