Monday, January 17, 2011

Drunk Driving and Reasonable Suspicion

When you are pulled over on suspicion of DUI, the law enforcement official must have reasonable suspicion that your behavior was criminal, out of the ordinary or dangerous in some way. Because many individuals feel that they were apprehended for no reason, this is a usual area of contention in DUI courtroom cases. If an attorney can prove to the judge or jury that there was no lawful basis in pulling the individual over, the entire case may be dismissed on a constitutional basis. If the case is not dismissed, the lack of reasonable suspicion may be used to persuade the prosecutor to reduce the DUI charge to a more minor offense.

If you or someone you love has been charged with a DUI, you deserve to be fairly represented. The best way to increase your chances of a favorable result is by hiring an experienced attorney who may be able to point out holes in the prosecution's case, such as lack of reasonable suspicion. To learn more, contact an attorney in your area today to schedule a consultation and begin formulating your defense.

If you are charged with DUI, it may have a profound impact on your life and the lives of your loved ones. Penalties of DUI an include the following:

  • High-cost fines

  • Community service

  • Mandatory alcohol/drug education and awareness classes

  • License Suspension

  • Higher insurance rates

  • Permanent mark on your criminal record

  • Jail time
Because the United States Constitution prohibits unlawful searches and seizures, any investigatory traffic stop falls within this protection. Some examples of reasonable suspicion include the following:
  • Other traffic violations, such as speeding or weaving in and out of lanes

  • Burnt out headlight or taillight

  • Cracked or chipped windshield

  • Object hanging from the rear-view mirror
Though these are some examples, they may be able to be challenged in a court of law. The best way to make sure that your rights are fairly represented is by hiring an attorney today.




To speak with an experienced DUI attorney or learn of your rights as an accused individual, visit the web site of Rhode Island DUI defense attorney James Powderly today.

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