Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Probable Causes of Drunk Driving Arrest »
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- United States police can arrest or detain a person for investigation without any serious violation of law. Two words can briefly describe police behavior that is Probable Cause. This makes the United States police different from other world police departments. A reasonable suspicion is required to question someone and law enforcement agency is bound to fulfill the requisite. Police cannot pull over a person on his skin color or of being national of some other country. They need to have some lawful grounds to question him/her. They can pull over the suspect if he is over speeding or break some traffic rules.
Above all they must have to see you doing something wrong while driving a vehicle or some one witness you driving violently.
Is Pull over is Legal under Probable Cause?
To stop some one without is some time complicated for the police. So most of the time uses some basic reasons to stop and investigate you. They can stop you on failure to use blinker, violation of traffic rules, over speeding, expired plates, driving violently, collision to some vehicle and disrespect of traffic lights.
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Police Charged Justice with aggravated DWI »
Pawling – A village justice has been charged with DWI by the police. Since he was driving with a blood-alcohol content above 0.18% following a rear-end collision on Route 22 on Thanksgiving Day.
Robert Apple, 54, was charged with aggravated DWI following a violation.
Justice’s Blood Alcohol Level
Lt. John Watterson of the Dutchess County Sheriff’s Office said that generally the aggravated DWI charge applies to those who are accused of driving with a blood-alcohol content greater than 0.18%.
No injuries reported
The accident took place about 2 p.m. near the intersection of East Main Street in the Village of Pawling.
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Nas, the Rapper, Charged with DUI In Georgia »
In September Nas was apparently arrested for a DUI charge and was then later released.
Charged with DUI in September
In September Nas, the rapper whose real name is Nasir Jones, was riding with his brother in Georgia.
He was pulled over after police spotted his Cadillac Escalade truck driving erratically on the interstate.
Police smelled marijuana from inside the vehicle
Police smelled marijuana from inside the vehicle during the routine stop, and then they have asked Nas to step out of the vehicle.
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Sleeping In The Car: DUI? »
Many times, DUI offenders are arrested after they have been reported to be asleep behind the wheel of a car, even when the car has been parked somewhere and are far away from a public roadway.
Recently, a DUI arrest had a public figure involved who argued that he was simply too tired to drive and was catching some sleep at a gas station parking lot, in his car. An officer arrested the man for DUI, even though the car was parked. Although the man refused to give a breath test, he failed sobriety tests according to the officer.
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Field Sobriety Tests »
When a driver is stopped over for by a police officer on the suspicion of drunk driving, the law enforcement officer is expected to ask him/her to pass one or more field sobriety tests, in order to check whether a driver is under the influence of alcohol by evaluating the examination of mental and physical activities.
According to the National Highway Traffic Safety Administration (NHTSA), there are three tests which have been examined and labeled Standardized Field Sobriety Tests. These include the Walk and Turn, One Leg Stand and Horizontal Gaze Nystagmus.
1. Walk and Turn
The driver will be asked by the law enforcement officer to walk in a straight line, heel to toe, and then turn and walk the other way. This test is used to evaluate a driver’s balance and power to abide by directions.
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Cop Accused of Elaborate Scheme for Chicago DUI Arrests »
A news channel in Chicago recently showed footage of a surveillance video of a police officer accused of making fake DUI arrests.
There were a series of complaints against Officer Richard Fiorito, which lead his superiors to order him to use a video camera in his squad car. The footage from this camera has now caused the officer to be caused of making fake arrests. The video is now being used against Fiorito in a law suit involving 21 people who are accusing the officer of having a DUI scheme.
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“Xeroxed” DUI Symptoms »
As it is known by any experienced DUI attorney that many police officers in their written DUI reports and in their testimony are considerably less than honest. One of the practices where this is most readily apparent is the use of what I have referred to as "Xeroxed Symptoms". This is the tendency to "observe" exactly the same "symptoms" in every person that are arrested by the officer for driving under the influence of alcohol.
For instance, with Officer Jones, the suspect when getting his driver’s license fumbles with his wallet, leans against the car for getting support, and word "R" is missed by him in the alphabet recitation, in every case. On the other hand, officer Smith,it looks like that he has to only encounter those citizens who are weaving on the highway, admit to having three martinis, and lose their balance on the third step back, in the walk-and-turn test. If this has been done by the criminal defendant, we would call it "signature" evidence. But when it is done by a DUI officer, we call it "coincidence".
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DUI Defense Strategies: Field Sobriety Testing Errors »
Most of the times there are several errors in field sobriety test. A person should be lucky enough to pass a field sobriety test because it is a rare case that roadside sobriety test is done correctly.
Inaccuracies of Field Sobriety Tests
Many times, tests will be administered by the police at the site of the traffic stop in order to determine a suspect’s sobriety. The results and interpretation of these are subjective to say the least.
Moreover, you never know that how you would perform under different circumstances even though you are not drunk, these “results” will mean little in a court of law.
A certificate should be given to an experienced DUI trial lawyer as an instructor in Field Sobriety Testing, and he should have the ability to effectively point out the high level of subjectivity associated with these tests through cross examination.
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