(844) 815-9632

DUI stop

DUI Checkpoints on Halloween: Laws to Remember

Welcome to FindLaw's DUI Law series. If you have been charged with a DUI, know someone who has, or just want to know about the law and how to protect your rights during a DUI stop, please come back each week for more information. Want to hear something truly scary? You had a few drinks, are on your way home, and there are police lights on the road up ahead. Do you look too drunk to drive? What's your blood alcohol content? Are you going to jail tonight? DUI checkpoints can be a frightening experience. With 55 deaths last Halloween in drunk driving accidents, and promises of more DUI checkpoints this season, the prospect of a DUI is even more horrifying. So make sure you remember these laws if you run into a DUI checkpoint this Halloween. Know What to Expect According to Ralph Waldo Emerson, "Knowledge is the antidote of fear." And knowing what happens at a DUI checkpoint can assuage your fear of them. You should know that most DUI checkpoints are legal, and officers are allowed to stop your car and request license, insurance, and registration information.Based on your interaction, they may ask you to perform field sobriety tests or submit to a breathalyzer or drug swab. So the stop will resemble a normal DUI stop, only officers don't need a good reason to pull you over -- they just need a neutral formula for stopping motorists. Know What to Do No, it's not illegal to turn around before a DUI checkpoint. However, the police may still stop you for other reasons. If they see you driving erratically, making an illegal turn, or otherwise violating traffic laws you can still get pulled over. Once a drunk-driving investigation is started, it will be similar to any other, so make sure you follow some handy tips for DUI checkpoints. Know What Not to Do Sometimes, knowing what not to do at a DUI checkpoint is better than knowing what to do. Obviously, you don't want to drink and drive, but if you're reading this post, we're guessing that's not an option. You should also avoid driving or acting erratically, being disrespectful of police, and having lose bottles of alcohol rolling around in your car. Oh, and not having a gun in your lap can help as well. If you've been spooked by a DUI charge this Halloween, contact a local DUI attorney today. Related Resources: Don't face a DUI alone. Get your case reviewed by a lawyer for free now. (Consumer Injury) Halloween DUI Checkpoints Should Scare Adults (KPCC) Halloween 101: Halloween DUI Checkpoints Planned (FindLaw Blotter) Can You Turn Around at a DUI Checkpoint? (FindLaw Blotter)
continue reading

Police Dashcam Video Can Be Key to Your Case

Police dashcams are tiny eyes on almost all law enforcement encounters, and they may be key to winning your criminal case. In the past, police misconduct might go unreported because there was no evidence -- like the classic "your taillight is busted" scenario. Now officers who act illegally are being caught by their own dashcams, and defendants are using them to dismiss cases. How can a dashcam video affect your defense? Here are three ways they can potentially be used in litigation: 1. To Prove No Law Was Broken. Especially in DUI cases, it is important for the prosecution to prove that a suspect's car was pulled over on reasonable suspicion of criminal activity. If the officer states that a defendant was pulled over on suspicion of breaking a traffic law (e.g., changing lanes without signaling), then a dashcam video should confirm that. However, if the dashcam video shows that a defendant made no traffic violations before police pulled him or her over, any charges may be dismissed. If a traffic stop was performed illegally, any evidence which was obtained after the stop can be excluded from trial. If the evidence which would be excluded is the primary evidence in the case, a defense attorney can move for dismissal. 2. To Illustrate Police Misconduct. Dashcams can be useful to clear a defendant of wrongdoing and also to prove that the cops did do something wrong. In a New Jersey case, Marcus Jeter, 30, was cleared of resisting arrest and assault charges after a dashcam video revealed that two police officers were the actual aggressors, ABC's "Good Morning America" reports. Not only can dashcam evidence of police brutality and excessive force be key to getting your own criminal charges dismissed, it can be the smoking gun in a police brutality lawsuit. 3. To Highlight Problems With Your Case. Obtaining a dashcam video may also help your criminal defense attorney to better understand the flaws in your defense. If the dashcam video shows you drunk and belligerent, your attorney may attempt to file a motion to exclude that evidence. Failing that, you and your attorney can strategize about how the prosecution will use the dashcam footage -- possibly painting you in a poor light -- and can plan accordingly. For better or for worse, dashcam footage is compelling evidence and may make all the difference in your case. Related Resources: Dashcam Clears Bloomfield Man Of Resisting Arrest; 2 Officers Charged (New York's WCBS-TV) Family Releases Video of Man Being Run Over by Cop (FindLaw's Blotter) N.M. Cops' Minivan Shooting Comes Under Fire (FindLaw's Blotter) Randy Travis Sues Over DWI Dashcam Video (FindLaw's Celebrity Justice)
continue reading