DUI Attorney Orlando

 DUI Attorney Orlando – Probable cause is the legal standard in which a police officer is authorized to make an arrest. They may conduct a personal or property search, or obtain a warrant for arrest. Probable cause requires evidence that would lead a reasonable person to believe that a person has committed a crime. For example, if a police officer walks past a car and smells marijuana, he can detain the driver for further investigation and search the vehicle for the contraband.

Have you or a loved one has been charged with a crime in the Orlando area? If so, contact our Orlando DUI attorneys to schedule a consultation regarding the case. Read on to learn more about challenging probable cause in Orlando DUI cases.

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Traffic Violation Probable Cause Challenge
A police officer must have probable cause to investigate a driver for operating a motor vehicle.Even if allegedly under the influence of alcohol or a controlled substance. A police officer will monitor a driver’s actions while operating a motor vehicle. If the driver runs a red light or a stop sign, or violates a traffic ordinance, then the police officer will have reasonable suspicion to pull her or him over.

Upon approaching the vehicle, if the officer smells the presence of alcohol on the driver, or observes signs of impairment, he will then have probable cause to request the driver to perform a series of field sobriety tests. If the driver fails the test, he or she will be charged with drunk driving.

Our Orlando DUI Team, has helped several drivers challenge probable cause stemming from traffic violations that incidentally lead to an arrest. For example, if a police officer randomly pulls you over, the evidence obtained during the field sobriety tests could be challenged for exclusionary purposes. In addition, if you did not appear intoxicated, but the officer insisted on you taking field sobriety tests, you may be able to challenge the validity of the evidence obtained during the tests.

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DUI Checkpoint/Roadside Probable Cause Challenge
During roadside sobriety tests, police officers look for visible signs of impairment. Like any regular DUI investigation, the police officer must have probable cause to conduct one. At a DUI checkpoint, the police must adhere to its operational guidelines while conducting inspections. This means that if the police deter from standing procedures, and it resulted in your arrest — which would not have occurred otherwise — the evidence asserted against you may be excluded. For example, if the police guidelines state that every 5th car is to be inspected, but the police inspect every 2nd and 3rd car. This may be grounds to challenge the constitutionality of the checkpoint.

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Hire an Orlando DUI Attorney
If you are looking to hire a DUI attorney in Orlando, make sure you he/she has experience. For instance, challenging probable cause findings for traffic violations and roadside checkpoints. As DUI attorneys, residents throughout Orlando area can rely on us to provide them with quality legal representation. Our DUI team is in constant communication throughout the entire process. Allowing clients to have peace of mind, while handling their case. Contact us if you are interested in having the DUI charge asserted against you reduced or completely dismissed. We can negotiate with the prosecutor on your behalf to have the case resolved in your favor.

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 DUI Attorney Orlando