Mirror of Justice

Getting Stopped for Drunk Driving –the Police Officer’s Observations

July 17th, 2009 at 03:02am Under Drunk Driving Law

When an officer pulls a driver over in the dark evening hours, he or she is on the alert to see if the driver is under the influence. He or she begins observations when approaching the car.
As the driver rolls down the window, the officer is checking to see if the driver smells of alcohol, if the eyes are watery or bloodshot, if the driver is having trouble retrieving his or her license, and if the driver’s speech is thick or slurred. If the officer does not have reason to believe the driver is under the influence, he or she must allow the driver to drive off. The officer cannot order the driver out of the car to complete the field sobriety tests unless he or she has probable cause to continue the investigation.
Smell of alcohol
The smell of alcohol may be in the car even if the driver is not the one who’s been drinking. If there is a passenger, the passenger may have been drinking. If the driver has been in a bar, he or she most likely smells of stale cigarette smoke and alcohol, even if he or she had nothing to drink.
Blood shot, watery eyes
Blood shot, watery eyes may have several causes. The driver may be operating on very little sleep, may have worked all day at a computer terminal, may be suffering from a cold or allergies, or may look as he or she always does. Remember that the officer has never seen the driver before and has nothing to compare his or her observations to.
Trouble with finding the license
People organize wallets in many different ways. Some don’t separate their credit cards from their driver’s license. And some people couldn’t find their license if they were stone sober in broad daylight. This factor alone says nothing about the driver’s state of sobriety.
Slurred speech
While an officer may associate slurred speech with driving under the influence, it may also be a side effect of certain medications or medical conditions. Remember the officer has never spoken to the driver before and therefore, has no idea how his or her voice “should” sound. If the topic comes up in court, the officer should be questioned on how many other times he has spoken to the driver (none) and how the driver’s voice was different from his or her usual speaking style.
While the officer may assert that some or all of these factors are indicative of intoxication, an experienced attorney knows there may be an innocent explanation.
For this and more information on criminal law and drunk driving go to:
www.gottrouble.com/legal/criminal/drunk_driving/index.html

Dui? Sometimes, Bad Things Happen to Good People

July 17th, 2009 at 03:02am Under DUI Law

As long as there are human police officers, injustices always will occur. A

great many police officers feel they have done their job when they arrest a

person for “mere suspicion” of DUI. In some instances, the arrest may be

warranted, but sometimes it isn’t.

Although you may think that just because your Blood Alcohol Level is below

the state limit, usually 0.08%, that you’ll not be arrested for DUI. Wrong!

Actually, you can be arrested for DUI no matter what level of alcohol is in

your bloodstream. Even if you haven’t been drinking at all, if the police

officer observes anything about you that leads him to believe you may have

been drinking, he can arrest you. And then, it’s up to you to prove your

innocence.

For example, let’s say that you just finished a fine meal at your favorite

restaurant and you had a small glass of wine. An overzealous police officer

stops you for a minor traffic violation and smells alcohol on your breath.

He immediately arrests you for DUI, slaps on a set of handcuffs and hauls

you off to jail.

Once you arrive at the jail, you’re photographed and fingerprinted, then

you’re placed in a holding cell, probably along with some pretty unsavory

characters. You’ll wait there for what seems like an eternity and eventually

you’ll go before a local magistrate who will decide what happens next. He

may just assign you a court date and release you, or he may keep you locked

up until you post a cash bail. If you don’t post bail, you’ll sit in jail

until your court date.

Even when you do get out of jail, it will seem like your troubles are just

starting. As a result of your arrest, your car was towed to an impound lot

and when you go to retrieve it, you’ll be faced with paying hundreds of

dollars in towing, storage and administrative fees.

When your court date finally arrives a few weeks later, you need to be

prepared to fight your case by being knowledgeable about the DUI laws of

your state. If everything concerning your arrest wasn’t done properly,

there’s a good chance you can get the case dismissed and all charges

dropped, thereby keeping your record clean. Even if your case does proceed

to trial, your guilt must be proven beyond reasonable doubt. Again, this is

where you need to be aware of the law and what’s legally required for a

conviction.

Keep in mind that the police officer is not your friend. The judge is not

your friend. This is a money-making enterprise for them and they would

prefer to punish you as much as possible, as quickly as possible so they can

move on to the next poor soul who they’ve managed to catch in their snare.

If you don’t know your rights and speak up, they’ll just dish out your

punishment and move on to the next victim. You will have now been

rubber-stamped as a criminal and you’ll have to live with the consequences.

Got Stopped by Police – Drunk Driving Trouble

July 16th, 2009 at 09:02am Under Drunk Driving Law

Most drunk driving cases start out with a contact between the driver of a motor vehicle and a police officer. While the police have the right to approach and speak with any citizen, they do not have the right to detain and investigate a citizen unless they have “probable cause”.
Probable cause is the legal reason an officer needs to detain and investigate. If the dui attorney can show to the judge the officer did not have probable cause, the case can be dismissed.
Most detentions begin with the officer pulling over a driver who has committed a vehicle code infraction. The common reasons alleged by the police are based on poor driving – speeding, weaving within or outside the lane, running of a stop sign or red light. However, faulty equipment (head light, tail light, muffler) or expired registration will provide the necessary reason to pull a driver over. A driver involved in an accident or in a car blocking the roadway may also give the officer the right to detain and investigate.
It is therefore important to discuss with the dui attorney the manner of driving. If the driver was acting legally, or if the officer did not see the driver actually operate the vehicle, the case may be dismissed. Not only does the officer need probable cause to detain and investigate, there must also be a legal reason to arrest. The officer will make his decision to arrest based on two or three factors: his observations, the field sobriety test, and in some jurisdictions, a breath test conducted in the field.
For this and more information on criminal law and drunk driving go to:
www.gottrouble.com/legal/criminal/drunk_driving/index.html