(Los Angeles, CA) – December 27th, 2016 – Thanks to the US Constitution, a law enforcement officer cannot simply pull over a motorist without any solid reason for doing so. Unfortunately, the same US Constitution allows the President to nominate their own attorney general which means they have considerable power over them which means that if that same party commits crimes (see the IRS and Lois Lerner, see Hillary and classified emails, and so on) that attorney general may just aid in the cover up but that is another story.
Therefore and moreover, reasonable suspicion and probable cause can be thought of as requirements for a law enforcement officer in order for him or her to stop and place someone under arrest if and when they suspect that you are driving under the influence of alcohol or drugs, as explained by leading DUI lawyers in Los Angeles, CA who can be found on USAttorneys.com. Legal help is right around the digital corner!
According to the Centers for Disease Control (CDC), in California, sobriety checkpoints are allowed. There a certain instances where you may be pulled over and subjected to sobriety testing even without there being any reasonable suspicion or probable cause. This exception is with regards to DUI checkpoints which are temporarily setup by law enforcement agencies in order to curb driving under the influence especially during periods of spiked impaired driving on public roads.
What is reasonable suspicion?
According to California DUI attorneys, reasonable suspicion is what law enforcement officers require in order to detail someone. Basically they need some basis which is reasonable and objective in order to suspect that the person they are placing under arrest has committed or is in the act of committing a crime.
Therefore, in order to pull over a driver, the officer needs reasonable suspicion that he or she violated a law. This is why officers look for traffic infractions such as running red lights, not maintaining lanes, etc. in order to initiate a traffic stop.
Even things such as erratic driving, speeding and faulty or missing car equipment/accessories can all be considered as reasonable suspicion for the law enforcement officer to lawfully execute a traffic stop.
What is probable cause?
Probable cause is what justifies an arrest. It is what judges look at in order to assess the constitutionality of an arrest and determine whether or not it is a legitimate and lawful arrest. An arrest is considered as having had probable cause if the facts of the case bear testimony to an objective belief that the suspect has committed a crime.
Therefore, Los Angeles, CA DUI lawyers reiterate that law enforcement officers first need reasonable suspicion to stop a suspect and then they look specifically for details or facts which will give them probable cause to go ahead with the arrest.
In police arrest reports, it is quite common for arresting officers to generally list a number of observations against DUI suspects such as – slurred speech, smell of alcoholic beverage, bloodshot eyes, and so on so that they have ample probable cause and the case does not get dismissed for lack thereof.
In order to defend yourself against a DUI charge, your legal professional may first look at whether the arresting law enforcement officers had sufficient reasonable suspicion and probable cause to arrest you in the first place. If your legal counselor finds issues in your arrest or why you were pulled over in the first place they will challenge the legality of the arrest itself and help you beat your case irrespective of how much evidence the prosecution has in their file against you.
Talk to a California DUI lawyer today to weigh your options and get the best outcome from the case. You can do this at USAttorneys.com which has a smorgasbord of legal representatives in all sorts of categories.