Free Initial Consulatation 408.680.2763

When Law Enforcement Makes the Wrong Move

Under the U.S. Constitution, you have certain rights. One of these rights is under the 4th Amendment, which protects us all from arrest without probable cause. If you are driving safely, and are not exhibiting any indication of intoxicated driving, a law enforcement officer does not have the right to pull you over. There are several ways that the police can violate your rights, and try to support this action by claiming certain things about you, including that you were "swerving within your lane." This is not illegal. If you are driving within your lane, you are driving correctly.

Once pulled over, you will be asked to perform several field sobriety tests. These tests are to gain more probable cause for your arrest, and many people don't realize that they are not obligated to perform these tests, and submit. The testing procedures are specific, and even if perfectly performed, the best of the tests, (Horizontal Gaze Nystagmus) has been proven to be only 77% accurate.

Police can go wrong by pulling you over without probable cause. You are now a victim of a rights violation, and this matter must be brought to the attention of the prosecutor and the court. In cases in which it is fully established that a driver was in fact, not in violation of any driving law while operating the vehicle, then the evidence gathered after the stop can be deemed inadmissible. It is important that your rights are protected, and that you are not railroaded by a legal system that is geared to convict.

There are certain defense actions that could be highly beneficial if you are facing charges of DUI in the San Jose area. The first step is to get an attorney – one that is focused on DUI defense, and has a proven record of success. There are various advantages that could be sought. If you are victim of a rights violation, your DUI defense lawyer must focus on this fact, and get the charges against you dismissed. If this cannot be achieved before trial, the rights violation could be exposed to the court through a skilled cross examination of the officers present at the scene. Conflicting stories are often presented by police. We are thankful that the police do their job, but overstepping the bounds of the law, and violations of the rights afforded to us by the Constitution are not acceptable.

Contact The Law Offices of Adam Allen Arant if you are facing charges for DUI in the San Jose area.

Categories: