By: William C. Head, DUI Lawyer and Drunk Driving Book Author
DUI arrests begin with routine traffic stops in Georgia. There must be probable cause to pull a motorist over to conduct a traffic stop. A driver cannot be pulled over on a “hunch” that criminal activities are being committed. A good defense against the initial traffic violation itself can challenge the probable cause that supported the stop of your vehicle, and can be a successful defense against your DUI charges.
There must be probable cause for the state to successfully prosecute your case. Without it the judge must dismiss your case. It is illegal to pull a motorist over without probable cause.
After being charged with a DUI one of the first things that comes to mind is getting legal aid in the matter. Should you should use a public defender or tackle it on your own? Fear, stress, and anxiety can have an almost crippling effect on your daily life under the burden of a DUI arrest. The decision you make on the course to take right after your arrest will make the difference on the outcome. Call our Atlanta DUI law firm anytime and learn how one of our best drunk driving lawyers can increase your chances of a better resolution.
Hiring the best DUI attorney possible will be an investment well made because a DUI conviction affects your whole life moving forward.
A stop of a vehicle by a police officer for a brief impairment investigation is only valid if there is a reasonable, articulable suspicion that the motorist in question was involved in criminal activities – driving under the influence of drugs and alcohol included. Minor traffic violations witnessed by police officers have been valid and upheld as reasonable suspicion to stop a driver.
If the police officer made a stop and eventual arrest, and the stop was unreasonable, it can be challenged in court. If the stop is found to be pretextual, all the DUI investigation and arrest made after the stop is illegal.
The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. When law enforcement pulls a driver over, whether through a regular traffic stop or a DUI checkpoint stop, it is considered a seizure under the Fourth Amendment. A traffic stop only is considered legal if the police have a “reasonable suspicion” for stopping the driver in the first place.
All roadside DUI checkpoints must be conducted in a proper manner. If they are not the roadblock can be ruled invalid.
DUI law violations are enforced harshly in the state of Georgia. Anyone arrested for a DUI in any of the jurisdictions within the state are prosecuted to the fullest extent of the law. An accused driver does have the option to defend themselves and fight the state on the charges against them. Drivers can only be stopped and arrested with probable cause. And police officers must follow proper protocol when making a stop and arrest.
For the best possible outcome our lawyers will fight your charges to make sure you are protected under the law by challenging the case against you, and investigating all pending charges.
Pre-trial motions are a very important portion of a criminal case. During a pretrial motions to suppress hearing, evidence against you can be withdrawn from the criminal trial. This part of the case is conducted after the preliminary hearing, and before your case goes to trial. The purpose of pretrial motions is to suppress evidence against you.
Our Atlanta attorneys can file for the proper pretrial motions such as motion to suppress, motion in limine, and discovery motions to help you get a favorable outcome in your case.
The best DUI lawyer in Atlanta can be the deciding factor on what happens to you, as a conviction can affect your personal life and driving ability. A dedicated Atlanta DUI lawyer can help you fight the charges against you.
With the aid of an experienced DUI lawyer who understands Georgia traffic laws, you will have a much more favorable outcome than going at it alone or settling for a public defender. With good representation you can challenge the incidents leading to your arrest.
The best DUI lawyer will fight against the admittance of evidence against you, and help get charges dismissed or beat them in trial. Be sure when searching for the best Atlanta DUI attorneys to look at peer reviews and former client testimonies to make the most informed decision.
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