3 Things to Watch for During Your DUI Charge
In the state of Florida, the rate of drunk driving has gone up exponentially over the past few decades. And as more and more teens and adults make the mistake of driving drunk, this has drastically increased the number of driving-related fatalities and issues on the road. As a result of such staggering statistics, especially of late, the state government has taken a xero-tolerance approach to fighting and prosecuting those who are caught in such a violation. With penalties on the rise, fines doubling and tripling, many individuals are taking heed and avoid getting behind the wheel after having a few too many. However, despite the severity of such a crime, anyone who is charged or caught driving under the influence of alcohol is still innocent until proven to be guilty, and they are still entitled to a fair and competent criminal defense. DWI attorney and the top Russian attorney Miami has to offer, Mr. Steven Veinger, Esq. has helped countless men and women mount a proper defense and, in many instances, has helped those who have been falsely accused or unfairly targeted, to have their charges dropped and come out victorious in their case. Throughout his years in practice as the top Russian attorney Miami residents choose for DWI/DUI cases, Mr. Veinger has always preached the importance of knowing your rights and what the proper procedures are during a traffic stop. Many individuals who are charged with a drunk driving charge, should have never been tested in the first place – despite their having been drinking, they were not exhibiting any unsafe behavior and in some instances, were not even operating a vehicle and therefore should not have been subject to arrest or the chemical or physical testing police officers use to make their determinations. To better understand what to look for in these instances, Mr. Veinger offers us these four vital things to watch for during your DUI/DWI traffic stop, before submitting to any sort of testing.
· Reasonable Suspicion
The firs thing to understand is that in order for a police officer to have the legal grounds to pull you over in the first place – they must have a reasonable suspicion that you have violated the law and driven drunk. This means that unless you are visibly drunk, swerving your car in any way, etc. – he has no legal grounds to pull you over, let along to test you, chemically or using a roadside sobriety test. This is an important thing to bring up during your stop, especially before they ask to test you – and you haven’t violated any traffic laws.
· Probably Cause
Again, similar to the first point, the officer must have either probable cause to arrest you or obtain your consent for roadside tests. According to Mr. Veinger, the top Russian attorney Miami residents recommend for their drunk driving charges, this is often a major sticking point, leading to the breakdown of many charges, as police officers do not have probable cause.
· Miranda Rights
Once you are arrested, the police officer must read you your Miranda rights after you are arrested, or if he is going to interrogate you. This is the speech you often will hear on TV “you have the right to remain silent…etc.” A police officer must read out the entire thing and obtain your acknowledgment, otherwise the arrest is considered to not be properly done – and he has not right to detain your nor interrogate you further – this makes anything that takes place after illegal – including any BAC tests performed at the station.
While driving drunk is dangerous and should be avoided it is important to be aware of your rights and not let the police take advantage of you, even when you are in the wrong. For more information on traffic charge defense or to schedule a consultation contact Mr. Steven Veinger today.