Illegal Traffic Stops & DWI – How the 4th Amendment Can Help You Win

The U.S. constitution fourth amendment affirms the right of the people from unreasonable searches, including Illegal Traffic Stops & DWI. Police need a search warrant that’s signed by a judge unless a court has permitted an exception to the warrant.

But a “Terry Stop” permits the police to briefly detain an individual in case they’ve got a “plausible suspicion” that the individual is involved in criminal activity. The ultimate goal of the fourth amendment is to protect people’s freedom from unreasonable intrusions and the right to privacy by the government.

But the fourth amendment doesn’t warrant protection from all seizures and searches; it’s only those considered unreasonable under the law and done by the government. Thus, law-abiding citizens should tolerate Illegal Traffic Stops & DWI.

Illegal Traffic Stops & DWI – Traffic Stopping of Motor Vehicles

Besides the reasonable and articulate suspicion of criminal practices, a vehicle law violation or a traffic officer can handle the stop. Despite most of the speeding infringements not being crimes, police officers can lawfully pull drivers over for speeding. 

More so, equipment violations under the watch of a police officer can merit for a traffic stop. Though, that doesn’t warrant Illegal Traffic Stops & DWI.

Illegal Traffic Stops & DWI – Two Kinds of Traffic Stops

Under the fourth amendment, police are justified to arrest you under the following 2 circumstances.

1. Equipment law or observed traffic violations – though not crimes.
2. Observed facts amounting to RAS – Reasonable, Articulable Suspicion of crime activity.

If drivers accused of petty misdemeanor speeding or Illegal Traffic Stops & DWI have a trial, the prosecuting attorney is obligated to ask for evidence in court. It helps the judge to prove that the man is guilty beyond any doubt.

While the prosecutor must approve the lawful traffic stop, they also need to establish there was an objective basis by the police officer to believe the driver was speeding.

Standards of proof – RAS

The government’s legal standard to substantiate a fourth amendment seizure is minimal as compared to the support evidence and the charge against the culprit. Its rule requires objective explanations within the present tense before detaining the suspect by a police officer.

The information that police get after Illegal Traffic Stops & DWI can’t justify the matter. In case the judge doesn’t believe there was an object stop basis, she suppresses the resultant proof. Prosecutors don’t apply substantiations from illegal stop to file for a trial or criminal charge.

Illegal Traffic Stops & DWI – Police Can’t Extend Traffic Stops and Wait for Drug Dogs

The U.S. Supreme Court authorized that police can’t extend suspects detention during Illegal Traffic Stops & DWI. That’s while the officers search for proof of crimes unassociated with the offense that triggered the initial stop.

Illegal Traffic Stops & DWI – Is it an Illegal Police Traffic Stop?

Under the fourth amendment, police officers must establish a plausible cause before they legally search your vehicle or stop it. Probable cause refers to signals, behaviors, or actions that affirm to the officer that you’re a reasonable suspicion.

It’s evidence that you’re planning or actively committing a crime. But an officer can order you to stop if you’re facing one of the following.

• Speeding
• Stolen or Missing license plate
• Failure to adhere to traffic signals
• Matching a vehicle’s description that’s previously reported by another citizen
• Expired inspection sticker or registration
• Failure to remain in your lane
• Visible signs of unlawful behavior

Note the police officer can’t pull you after hearing you committed a crime or because they heard from various channels that you’re the person involved in the violation. For instance, the hat you wore or the bumper sticker at your auto’s back isn’t a good reason to pull you by the side.

If the officer can’t give any of the items as mentioned above, you might be facing an unlawful traffic stop.

Illegal Traffic Stops & DWI – Forget the Case if It’s Unlawful

At the starting of the Illegal Traffic Stops & DWI case, the legal defense team always asks for the dashcam footage. They go through it to comprehend the charges, while the video portrays on whether or not it’s a legal or illegal stop.

The seasoned team of attorneys led by Leverson Budke thoroughly checks to confirm that laws and procedures are followed according to the protection of your rights. It may be reasonably simple to send away your case once it’s established that the incidence didn’t occur during the encounter. 

The fourth amendment is powerful enough even to protect you if there’s a dead body or a weapon on the truck! That’s said, an Illegal Traffic Stops & DWI accusation may not even get to the court’s door. 

Illegal Traffic Stops & DWI – Warrants: The One Exception

If you’ve got an arrest warrant, the legality of your stop no longer matters. In recent verdicts from the Supreme Court, police can use any obtained evidence without probable cause in case the suspect had an outstanding warrant during the time of the arrest.

Courts used to condemn police law mistakes hence triggering the first tort liability. Afterward, exclusionary rule usage, based on the verdict that the seizure wasn’t reasonable in line with the fourth amendment. 

Illegal Traffic Stops & DWI Blood Tests – 4th Amendment Warrant prerequisite

There’s the requirement for a blood test during a stop. The check authenticates whether the driver is driving under the alcohol or drugs influence. But police officers aren’t authorized to issue an immediate blood test or with no permit of the person.

The DUI Stop & Blood Test

When police utilize a DUI stop for the auto-check, it’s to remove the few that partake in these unlawful practices. The process aims at minimizing the number of injuries and wrecks. Typically, law enforcement has particular reasons for establishing and applying Illegal Traffic Stops & DWI to arrest drunk drivers.

The random stops offer a mechanism to get the hold of those who break the law and endangering other people. The sudden traffic congestion comes both as a disguise and opportunity to help those who don’t adhere to the law.

Blood tests, however, are the best to confirmation for Illegal Traffic Stops & DWI suspects. They’re the most ideal in ensuring the law enforcement agencies are aware of the issues. But the Supreme Court ruled the test type must accompany the driver’s permission.

As a result of the ruling, the officer can’t order the individual to give their blood even in cases when other tests aren’t accessible. Ordinarily, local police utilize field sobriety test. By shining light on the driver’s eyes, it assesses the pupil dilation in addition to other techniques to discern whether the person is drunk.

Illegal Traffic Stops & DWI – When Can the Police Force Search Your Car?

The fourth amendment is against unlawful seizure and search. Hence, arbitrary police auto searches are illegal. Whenever police search your auto without valid season or permission, they go against your constitutional right.

Typically, officers should have solid reasons to believe the individual has committed the crime. They can then go ahead and search it. That prevents common cases of Illegal Traffic Stops & DWI.

However, with the fourth amendment, police have more freedom to search for your auto as compared to home search. It’s the automobile exception to the requirement of a search warrant. Individuals have less privacy expectation when driving a car.

More so, the exception is founded on public safety issues, for instance, over speeding and drunk driving. A police officer can also search your auto under the below conditions.

• You’ve given consent to the police
• A police officer has an implausible cause of crime evidence in your auto
• An officer plausibly believe the search is crucial for their protection, for instance, a weapon in your automobile
• Officer has a legitimate search warrant
• You’re arrested, and the search is associated with it, for instance, a search of illegal drugs

Illegal Traffic Stops & DWI – Consenting to a Search

To search your auto, officers can inquire permission from you. But you can remain silent or decline the request in case there’s no issued warrant. At times, the accused isn’t aware of the search consent or the rights because they presume they’ve no choice.

But law ignorance isn’t defense and the search permission waives your rights under the fourth amendment. Whenever an officer searches your auto without permission, don’t argue with them. Unlawfully gotten proof can’t be used against you under the “exclusionary rule.” It offers hope for Illegal Traffic Stops & DWI  victims.

Illegal Traffic Stops & DWI – Probable Cause

There’s a possible case in case the officer believes the person has committed a crime. The officer has the legal authority to perform the search. For instance, police can search an automobile if the owner has bloodshot eyes, and there’re chances the auto has marijuana. 

The search can also happen whenever the auto matches the getaway description of an automobile used in a bank robbery. Besides, any crime evidence deserted in an officer’s “plain view” can be seized and also lead to more search. An officer will also search if they see a glass pipe holding drug residue on the dashboard of your auto.

In that case, the plain view evidence establishes a plausible cause of a crime. Federal courts also likewise allow the plain view doctrine to use other forms of sensory proof. An example is the smell of drugs coming from an auto’s trunk.

There’re chances the officers will use a drug-sniffing dog to detect the substance. It’s the same case of searching for a kidnapped victim at the back of a van weeping for help. On the other hand, the “plausible suspicion” threshold isn’t astringent as the one needed to establish plausible causes.

It’s more than a “hunch” although it doesn’t significantly involve indisputable crime proof. For instance, a swerving motorist may be drunk or a nonqualified driver. It can also offer a police officer with a plausible suspicion to investigate more. 

Illegal Traffic Stops & DWI – Seeking Legal Advice

Perhaps you’re stranded after facing Illegal Traffic Stops & DWI. Don’t worry as the constitution protects your rights. Police searches are serious, and that’s why you need a lawyer to review the proof in your case. 

In matters dealing with Illegal Traffic Stops & DWI, the lawyer will assist you in deciding if to file a motion and suppress the unlawfully acquired evidence. Similar to public members at large, officers can make mistakes. That includes even those relative to the content and scope of laws.

Mistakes of law associated with police, however, differ in consequence and kind. Police who performs Illegal Traffic Stops & DWI does the opposite – to enforce the law.

Illegal Traffic Stops & DWI – Your Criminal Defense Attorney

A good defense lawyer determines whether the fourth amendment seizure defense challenge can be successful. Since most of the police analyses start with a Terry stop, a winning problem means a full win for the defense.

The fourth amendment investigation doesn’t end there. The attorney takes a gander at the intrusiveness level and detention length and if it was justified. Was there any subsequent illegal search? Even with the initial Illegal Traffic Stops & DWI, the stop expansion by the officer might be unlawful.

Bottom Line: Go for an Aggressive Defense

After pulling over, do you think you were mistreated? Call Leverson Budke to handle your case professionally. Budke is an experienced and skilled attorney who has the know-how in handling similar cases.

Even if you’re subjected to Illegal Traffic Stops & DWI, there’s a way forward. There’s always evidence for arguments and ways to scrutinize your case before expecting for the best – case dismissal!

With an implausible track testimony of dismissed cases, the attorney has a strong defense team that gets ready to beat your charges. When things start going south in that Illegal Traffic Stops & DWI, don’t fret!

If you have any questions at all, call Leverson Budke and let us present your best defense!

5 months ago DUI Lawyers , DWI , DWI Attorney No comment

How Michigan’s Super Drunk Statute Works

A night out with friends, maybe a few drinks during the game, and maybe a few more after victory and a decision to ride yourself home while intoxicated could land you into problems with the law.

Now, if you’re in Michigan, you live in a liberal state where you are allowed to drink and drive, provided your alcohol limit also known as Blood Alcohol Level (BAC) is under .08. Once you reach or exceed the .08 limit, you are above the legal limit and vulnerable for arrest.

However, once your BAC reaches .17, which is roughly double the legal limit, you are considered as “Super Drunk.”

While the super drunk offense is still considered as a misdemeanor in Michigan, the consequences are far-reaching and might be quite severe in some cases.  In fact, the charges or rather penalties for super drunk are twice, on average to those of standard DUI charges and this is why it’s always advisable that you hire Patrick O’Keefe a criminal justice attorney in Lansing MI, once you’re charged with Super Drunk driving.

What is Super Drunk

In late October 2010, the state of Michigan enacted a new law known as the High Alcohol Enhanced Law.

The High Alcohol Enhanced Law, popularly known as the Super DUI or Super Drunk OWI law, usually addresses the first time DUI offenders.

Like its name suggests the Super Drunk enhanced law enhances or rather boosts the penalties for those convicted of those driving with excessive BAC.

Typically, a conviction under the new super drunk law will result in a myriad of consequences, including compromising your driving privileges as well as jeopardizing your future employment. More disturbing, a conviction under this law will create a permanent criminal record for you.

Super Drunk Statistics

Not every drunk driver is convicted with the super drunk offense.

As we had mentioned earlier, this law is only applicable to first time DUI offenders or those with no previous DUI records in the last seven years.

In addition to having no prior drunk driving records, the super drunk law is applicable when your BAC is .17 or higher.

In a nutshell, you can only be convicted for super drunk if:

• It’s the first DUI offense
• Have no previous drunk driving convictions in the last seven years
• Your blood alcohol content is more than .17

Regarding BAC, a unit of alcohol increases your BAC by .025, so when you’re convicted of being super drunk, you have approximately six to eight drinks of alcohol.

If this is your repeated offense, regardless of whether it’s .08 or 0.17, it’s regarded as a second offense category. The second offense charge is a whole new and different crime from Super Drunk.

For drivers with no prior drunk driving convictions, they are liable for “enhanced” penalties including:

• 45 days of no driving
• 320 days of controlled driving
• Fines
• Possibility of a jail term

Super Drunk vs. Standard OWI

Consequences	Standard OWI	Super Drunk
Potential Days in Jail	93 days	180 days
License Suspension	30-day suspension	45-days suspension
Restricted driving	150-days restriction	320-days restriction
Fine	$x	$2x
Extras		Have a BAIID installed in your car, Receive alcohol treatment for a minimum of one year

Collateral Consequences of Super Drunk Conviction

As we had mentioned in the introduction, the consequences of super drunk charges are far-reaching, and will even go beyond what we’ve mentioned above.

In any case, like any other felony, the consequences will splatter to other areas of your life.

For instance, your insurance provider will require you to remit higher premiums because you’ve already displayed negligence in your personality. In extreme cases, some of the insurance providers might even drop your insurance altogether, rendering you unable to drive.

Additionally, your super drunk criminal records can be accessed by third parties, and this will severely jeopardize your reputation when looking for a job.

And as we had mentioned, the judge might require you to install a Breath Alcohol Ignition Interlock Device (BAIID) during your restricted driving period. Understand that it will be your responsibility to purchase, install and maintain the BAIID and might have an effect on your finances.

Why You Need a Michigan Super Drunk Attorney

When convicted using the Super Drunk law, the stakes are always high, as you could even end up in jail.

Fortunately, you can hire Patrick O’Keefe Law to fight for you.

6 months ago DWI Attorney , DUI Lawyers , DWI No comment

Why a DWI Lawyer is Vital and How You Can Choose the Right One

You’re facing DWI charges, but you do not know what to do. You think you should contact a lawyer, and you are on the right track, but a lawyer who doesn’t specialize in your area of focus may not be the best choice. You need a DWI lawyer for several reasons. The following will tell you why and how to choose one.

First off, you want to avoid bad advice. It is easy to get wrong information about your situation; for example, a friend might tell you they know someone who knows something about law and that this person could help. Do not get fooled by this kind of information because it’s free. You need to recognize that DWI lawyers have helped many people and will help you if you give them a chance.

What Does a DWI Lawyer Bring to the Table?

The problem with criminal lawyers is they do not understand DWI/DUI cases as well as the specialists. These types of attorneys may very well suggest that you enter a plea deal when you probably have a good chance of winning if you fight.

Why Should You Hire a Specialist?

Most of the time, the charges against you are backed by science. This usually makes it seem like there is no way to fight these charges, but you can fight if you know how to do it.

The evidence prosecutors have against you is pretty flawed, and DWI lawyers know how to use that in your favor. Take the breath analysis as an example; there are all sorts of reasons why the reading in the breath analyzer could be off.

How do You Choose a DWI Lawyer?

Okay, now you know why a good DWI lawyer is a good idea, but how do you go about choosing one? First off, you cannot just find the most inexpensive lawyer. It is your life on the line, and you deserve the best, not the worst. The following are a few things you should look for:

Great Record

The first thing you want to do is to make sure you look for a DWI lawyer with an excellent track record. It may feel a little strange to ask your potential lawyer questions about his or her history, but you can ask. You want to hear that this person has won several cases, including some that sound like yours.

Local Presence

Make sure you find a lawyer that knows your area. A lawyer will probably have connections with judges and prosecutors. The relationships of a locally based lawyer have nurtured valuable connections that may help you get a better deal. Just ask this question so that you know you are working with the right person.

Scientific Background

The evidence prosecutors have against you is related to science, so it might be a good idea for your lawyer to have a background in science. The good thing is many good DWI lawyers have some knowledge of science. You want this because this means they’ll be stronger lawyers.

AVVO Rating

A good lawyer has a good AVVO rating because past clients and people they have worked with think highly of them. You can check this score online, and you’ll know if this is a person you want to work with.

Hopefully, this information helps guide you to the right lawyer to handle your DWI case. Having a good lawyer by your side may increase your chances of coming out on top and beating the case against you.

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7 months ago DUI Lawyers , DWI , DWI Attorney , Laws No comment

Have You Been Drinking: Indiana DUI Laws

It is crucial to understand the repercussions of drunk driving. You also need to weigh the benefits and the consequences. Though I purport, there are no benefits of taking alcohol. There is a need for a person to think if it is worth driving while drunk.

It needs to be clear that you don’t need the looming Indiana DUI threats to keep you from driving while drunk. But, if you get yourself in such a fix, Indiana DUI laws are ready to deal with you in that case. The rules intend to punish drunk drivers and keep people away from committing this crime again.

Operating While Drunk

Indiana’s DWI regulations also apply to individuals who might have drugs in their systems. There is a possibility of street drugs or prescriptions to get you intoxicated. This will in-turn have adverse effects on your potential to drive.

Taking the wheel under alcohol influence, Indiana calls this “Operating While Intoxicated.” Jurisdiction of Indiana laws is not limited to automotive operation. It also applies to boat navigation.

Legal Extents

People have different reactions to the consumption of alcohol. For that reason, most of the state’s examines an individual’s blood-alcohol concentration (BAC). This is to find out the inebriation serenity.

In Indiana, if your BAC gets to 0.08% mark, the jury needs no extra evidence to find you guilty of drunk drinking. That means you will receive charges of OWI. Be sure to contact a defense lawyer in case you are arrested.

The legal drinking age in Indiana is 21 years old. If you are below this age, your BAC should not go beyond the 0.02% level. The policy is known as “zero tolerance law.” The law can still find you guilty of drunk driving even if you’re underage. Despite taking alcohol and not feeling drunk.

Getting Pulled Over

If the law enforcer suspects you of being drunk, they will give you a test to see the alcohol levels in the system. The examination measures your blood, breathing, or body waste. In Indiana, the law-enforcer decides the type of test you need to go through. You are not supposed to consult your attorney before taking the test.

Indiana DUI Penalties

If you are above the legal drinking age, once they find you guilty of OWI, you risk facing license suspension for two to three years. You’ll also have your driving permit put on administrative break for about six months.

The basic rule is that drunk driving is punishable by Indiana laws. If your BAC is between 0.08% to 0.15% or you have been using drugs, you’ll be guilty of Class C misdemeanor. The crime is punishable by serving 60 days of jail time and a fine of close to $500.

Being a first-time offender will result in having your license suspended. You’ll also receive an interlock gadget put in your vehicle to help examine BAC levels before starting the car engine.

Habitual Offenders

In Indiana, DUI penalties will get worse for persons who have been found guilty several times for OWI. Having 2 OWI offenses within ten years, you’ll lose your license for a decade. You risk having your license nullified for not following the Indiana DWI laws thrice or four times.

Indiana DUI Laws

Penalties upon conviction are quite severe, and there is a need to think twice about OWI. You will need the help of a lawyer if you’re found guilty of breaking the Indiana DUI laws. Do not drink and drive.

Contact us for more information on your rights.

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7 months ago DWI , DUI Lawyers , DWI Attorney , Laws No comment

Here’s What Tennessee’s New Hands Free Driving Law Means for You!

In the United States, about 9 people die every day due to distracted driving. Among the causes of distracted driving is cellphone use while on the wheel.

This has called for the enactment of laws which focus on the reduction of distracted driving one of which is the Tennessee law banning holding phones while driving.

Under the new hands free driving law, you’re liable to a fine for endangering motorists by looking at your phone.

Read on to find out more.

The Hands Free Driving Law

From the 1st of July 2019, Tennessee drivers are prohibited by Public Chapter 412 from:

• Holding a mobile device or cellphone with any part of their bodies,
• Writing, sending or reading of any text-based communication,
• Reaching for a cellphone or other mobile device in a manner which requires the driver not to be in a seated driving position or not properly restrained by their seat belt,
• Watching a video on a mobile device or cellphone,
• Recording or broadcasting videos from a mobile phone or cellphone.

These changes to the driving laws will be in enforcement by law enforcement agencies all across the state.

In the same law, drivers are only allowed to push a single button when accepting or ending a call and not anymore. This means that, if the driver sees a call on their phone, they are only allowed to press the accept button, talk and then press the end button again. As a driver, you’re not allowed to hold the phone up to your ear to talk.

To talk, however, you’re allowed to do so on your earpieces or headphones or through the car’s speakers.

What This Law Means

First of all, you’re not allowed to have a phone on any part of your body. That means that even when you’re not using your phone, having it in your hands is in violation of this law. The phone can be in the cup holder or another part of the car but not on your body.

Secondly, reading, writing or sending a text message means that you’ll be holding your phone in the first place. As such, you’ll be violating two provisions of this law; holding and engaging with text-based communication.

The third provision requires that you don’t reach for your phone in a manner which requires you to move from a driving position, or you’re not properly restrained by your seat belt.

As such, it means that your phone should be close to you yet not on your body. Phone holders that allow you to easily reach for your phone without stretching out will come in handy here. These allow you to reach out with a finger to accept, reject or end a call while still in your natural driving position and restarted by the seat belt.

Watching a video or movie on your phone isn’t permitted for the obvious reasons; it distracts you from driving. Also, recording or broadcasting a video as you drive isn’t permeated as you’ll get distracted from the steering wheel.

If you’re caught with any of these offenses, you’ll be liable to pay a fine as per the seriousness of your offense. You can find a law firm that’ll defend you in court if you’re sure you’re penalized unfairly.

The Reason Behind This Law

While there are other aspects that that contribute to distracted driving, the increasing number of mobile phone users resides concerns as more phones available means that more drivers will have them. They will also try to use them as they drive.

The focus of this law is thus to better these statistics. The reduction of the number of people likely to die from distracted driving will have results from penalizing drivers.

The Penalties for Breaching These Provisions

What happens when you flaunt any of these rules? The penalties are as follows:

• A first offender will get fined $50.
• If you’re committing the offense for the third or subsequent time, you’ll part with $100 as a penalty.
• If your distracted driving led to a crash, you’ll also get fined $100.
• If you’re found using your phone in an active school or work zone, the fine goes up to $200 per offense.

These fines are serious enough to dissuade you from using your phone in any way as you drive.

What Does This Mean for Drivers?

As a driver, the TN hands free driving law has various implications such as the following:

1. You can only use your phone in a true emergency which, according to the law, “threatens human health, life or property, and voice-to-text technology and hands-free devices are still allowed.” Unless you can prove that you held your phone in an emergency, you’re liable for the penalty.

2. You can use your phone when you’re a law enforcement officer and you’re using the phone for work purposes only.

3. When you enter your car, you should put your phone somewhere within the car and not on your body. The place you place it shouldn’t be far away that you’ll need to stretch and distract yourself from the driving.

4. You can use the services on your phone with accessories such as Bluetooth devices, headphones, and headsets. This means services such as reading and writing text messages will not be possible. However, with dictation services available on modern smartphones, you can use most services provided you’re doing so handsfree.

With a proper understanding of this law, you can easily avoid the driving fines set for flaunting this law.

Learn About the New Hands Free Driving Laws

The Hands Free Driving Law, which comes into effect on the 1st of July, will ensure hands free driving without necessarily being inhibitive.

Already, you’re expected as a driver to exercise hands free driving to keep you pr focus on the road ahead. Learn more about this law to avoid penalties or risking your life.

Browse our blog for more interesting articles.

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