When a driver is stopped by authorities, they should be aware of their rights and what forms of questioning and tests they could be asked to comply with. If an officer suspects that a driver is under the influence of alcohol, the driver could face a DUI if the officer establishes the proper evidence to place them under arrest. If authorities do not properly carryout the procedures of a DUI stop or a drunk driving arrest, the driver could use this evidence in their defense against the pending charges.
A Portland man recently had a drunk driving conviction overturned. In the spring of 2010, the man was charged with a DUI after his pickup truck landed in a ditch. When authorities arrived at the scene, the man supposedly admitted that he was drunk. The driver was asked to complete the field sobriety tests. Following this step, the man was arrested and then later charged with a drunk driving.
Following recent investigation, the conviction was appealed. The driver argued that the police conducted an illegal search. The court later ruled that the deputy illegally seized the driver. It was determined that the conversation between the driver and the officers occurred on the porch of the driver's home. This did not amount to a traffic stop, so therefore an illegal search and seizure occurred. This realization led to the conviction being overturned.
Following a suspected drunk driving stop or when authorities believe that a drunk driving accident occurred, drivers should be aware of their rights during the stop and arrest. Furthermore, they should know their defense options. If an officer does not conduct a search or seizure, charges could be dropped or evidence found inadmissible.
Any driver suspected of a DUI or charged for drunk driving should understand their defense options. Constructing a strong defense strategy could prove very successful and result in reduced or dropped charges. Those unsure of their charges or unknowledgeable of the process should seek guidance about their legal options. This will help protect their rights and interests.
Source: The Republic, "Court rules Oregon deputy's stop and frisk of drunken driving suspect was an illegal search," Nigel Duara, June 18, 2014
No Comments
Leave a comment