If you are facing criminal DUI charges after a traffic stop and arrest in Asheville and suspect that your rights were violated or that there were certain legal issues present, then you may be unsure about how to proceed with your case.
A DUI conviction can result in serious consequences, such as license suspension, jail time, large fines, and community service or education courses. Therefore, it’s critical to make sure that the evidence being held against you by the prosecution is valid and that your rights have been respected. If not, then you may have grounds for getting evidence or charges against you dropped.
At Edwards Law, PLLC, an Asheville illegal DUI stop lawyer can help you go over all of the evidence associated with your case and make sure that the law has been abided by. Unfortunately, unlawful police stops are not uncommon. One of our defense lawyers can help determine whether your police stop was valid and optimize your defense strategy accordingly.
Many North Carolinians who are pulled over for drunk driving during a traffic stop think that the optimal thing to do is deny that they have had anything to drink. However, this is only advisable in the case that the person has actually had nothing to drink. Otherwise, it is critical to exercise your right to remain silent while complying with what the police officer asks you to do.
You will need to give them your driver’s license and vehicle registration, and possibly your car insurance information as well. If law enforcement tries to get you to do a field sobriety test, then you should refuse to do it and then ask if you can instead take a chemical test, such as a breath or blood test at the police station.
During a DUI traffic stop, police officers are trained to look for clues that could trigger reasonable suspicion that the driver is drunk when the car is in motion. These clues include driving at least 10 mph under the speed limit, jerking, speeding up or slowing down suddenly, or weaving in between lanes.
Police officers are also looking out for issues with “driver vigilance,” which can involve driving in the wrong lane, not stopping correctly at stop signs or traffic lights, not using turn signals, and stopping the vehicle all of a sudden. Law enforcement is also looking for issues with judgment, which can include tailgating other vehicles or even going off-road with the vehicle.
Ultimately, if law enforcement pulls a person over for drunk driving, they will need to clearly and adequately explain their reasons for doing so. There are endless reasons that police officers can use to justify a suspected drunk driver, unless it includes profiling a person based on their race, religion, sex, or other identifying characteristics.
A: If you are pulled over by the police in North Carolina, it’s important to remember that you have the right to remain silent. This means that any questions the police pose to you do not have to be answered. Tell the law enforcement officers on duty that you are exercising your right to remain silent and say nothing else. If you do answer, what you say might be used against you later in court. You are, however, required to show your vehicle registration and driver’s license to the police officers.
A: In the state of North Carolina, it is legal to videotape or take pictures of public property and space, which includes law enforcement, as long as you are not compromising the police’s ability to carry out their public duty. If you were involved in an unlawful traffic stop, evidence such as video footage can be used in court to prove that your rights were violated, and therefore, that evidence obtained against you during the stop can be used against you.
A: In the state of North Carolina, it is not illegal to be pulled over by an unmarked vehicle. In other words, the police vehicle does not have to be tagged or marked. However, you do have the right to call 911 and provide your name and current location in order to confirm that the car that pulled you over is indeed the police. If you are unsure about whether your traffic stop was lawful or not, it’s important to get in touch with an NC criminal defense attorney who can protect your rights.
A: It’s important to note that you do not have to hire a North Carolina DUI defense lawyer in order to defend your case in court. However, if you do not have in-depth knowledge about North Carolina traffic laws and the local court system and processes, then it is advisable to work with a defense lawyer who is experienced in this area. They can help you come up with the smartest strategy to work towards preserving your rights and minimizing the penalties associated with your case.
Under state and federal law, North Carolinians have a plethora of rights, both as citizens and as drivers. Unfortunately, these laws are complex and multitudinous, and most people are not aware of exactly what their rights are and how they can exercise them. A common instance where rights are infringed upon, both intentionally and unintentionally, is at an NC traffic stop.
An Asheville illegal DUI stop lawyer from Edwards Law, PLLC can use their years of experience working on similar cases protecting the rights of North Carolinians to ensure that your traffic stop was fair and lawful. In the case that your rights were infringed upon, one of our lawyers can advise you on what to do moving forward. Contact us today to get started.