Oct/100
DUII Attorneys – Charged With DUI? It’s an Illegal Stop If the Officer Didn’t Have Probable Cause
In order for an officer to stop your vehicle and initiate and investigation, they must first have probable cause to do so. An officer cannot make the initial traffic stop leading to the DUI without having a valid reason to do so. An officer cannot stop your vehicle just because he or she is having a bad day, doesn't like the color of your car, or is bored and wants something to do.
Probable cause is a flexible standard and its existence will be determined by a judicial officer. The officer will need to show the judge that he had a reasonable belief that a crime was taking place and that you were the person committing the crime. In practical terms, in order for an officer to stop you for DUI he or she must have observed you committing a traffic violation.
One common reason for which an officer may stop a vehicle that is not valid is profiling. Sometimes, an officer will run license plates to check whether or not the vehicle owner has a history of violations. While this may seem acceptable to the layperson, it does not rise to the level required to establish probable cause. A history of violations in and of itself is not enough for the officer to stop you without anything further.
Also, it is possible for officers to make a mistake about which vehicle committed the violation which was the basis for initiating the stop. For example, if there are similar looking vehicles and the road is busy, an officer may become confused about which vehicle was actually speeding. If there was no offense underlying the stop, then the resulting DUI charges may be set aside.
Proving that the arresting officer made an illegal stop leading to your charges can be very difficult. Judges generally rely on the officer's discretion. This is why it is important to hire an attorney to help you fight to protect your rights. An attorney can help you present a successful argument that the stop was illegal if that is the case. If you have been charged with a DUI in Arizona, where the laws are especially tough, its important to hire a seasoned professional who can protect your rights. DUI attorneys in Phoenix will know what you are facing. DUI attorneys in Arizona are able to navigate the laws and represent you during this difficult process.
For more information on DUI attorneys in Phoenix with the experience and knowledge to fight for your rights, visit DUI Attorney Arizona to connect with seasoned legal professionals.
Article Source:
http://EzineArticles.com/?expert=Courtney_Frazier
Ok so 3 more posts today that I've dug up - I'm an information JUNKIE on this stuff lately. Give em a browse and let me know what ya reckon. They're just from a few different sites I've been surfing lately that are generally good for information like this...
Tampa DUI Attorneys Overcome New Enhanced Florida DUI Sanctions ...
Tampa DUI attorney Jeff Rich of Mayberry/Rich law firm circumvented Florida's enhanced DUI sanctions, successfully reducing a clients DUI charge to a reckless driving charge with minimal sanctions. Under the new enhanced DUI sanctions ...
Impaired driving (DUI) | Dui Attorneys Southern California
Driving under the influence of alcohol or sometimes called impaired driving, impaired driving, driving while driving while intoxicated or impaired is the.
Bar and Driver by Dominic Holden - News - The Stranger, Seattle's ...
But CJE secretary Patricia Fulton, who is also a DUI defense attorney, insists, "We are not looking for judges to be soft on DUI cases." The group is focused on promoting judge candidates who have a respectful temperament, ...
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Highway collisions are one of the leading causes of death in the United States. In fact, more than 300,000 people have died as a result of highway collisions and other forms of motor vehicle accidents.
Aside from those fatalities, highway collisions also result to millions of injuries ranging from minor harms like cuts and bruises, to catastrophic injuries like 3rd degree burns and paralysis.
There are different factors that may cause highway collisions. Some of those are:
Driver’s behavior and condition
One of the major causes of highway collisions is reckless driving and DUI. According to studies, 40 percent of all fatalities caused by vehicle accidents are alcohol related.
In addition, it is also the leading cause of death for American teens aged 15-20. Teenage drivers, aside from being prone to DUI, are considered inexperienced drivers and are more prone to speeding compared to older drivers.
This is the reason why young drivers have the highest car insurance premiums.
Another age bracket with a high rate of car insurance premiums is elderly drivers. This refers to drivers who are aged 70 years and up.
Elderly drivers tend to have poor eyesight and other physical impairments that reduce their driving skills. That is why most states require renewed testing for elderly drivers once they reach a certain age.
Vehicle design and condition
A well designed and well maintained vehicle (good brakes, tires, well-adjusted suspension, etc) is much more controllable in case of emergency.
However, some vehicle designs are much more susceptible to accidents than others. An example would be an SUV.
Because of its high center of gravity, it is more prone to vehicle rollover compared to low passenger cars like a sedan.
Because of the high number of highway collisions, a number of inventions came out through the years to curb the effects of car accidents.
Safety features like seatbelts, airbags, safety cages and others are designed to lessen the damage to a motorist and passengers during a collision.
Road design and conditions
A study shows that 34% of all highway collisions have roads and the environment as contributing factors.
A narrow road, does not give a motorist much space to recover or a sharp turn may cause an SUV to rollover.
A badly designed road may also contribute. An example would be lanes with wrong width, a narrow width length would increase the chances of side collisions as vehicles would be competing for the narrow lane.
Weather may also affect the road conditions as rain and snow may make the road slippery while fogs and mist decreases visibility on the road.
Cold weather may cause the formation of black ice or transparent ice strips on bridges. Because of its transparency, it is very difficult to spot and avoid until it’s too late.
Taking Action
If you have been involved in a highway collision, finding the cause and the liable party may be complicated.
A car accident attorney should be able to help you in this matter and help you in getting compensation from your or the liable party’s insurance company.
About The Author
Our skilled personal injury attorneys specialize in accidents involving highway collision. For consultation, visit our website at http://www.askaccidentlawyers.com/ and avail of our free case evaluation.
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