A police officer or state trooper can pull a person over for several things, some of which may be unwarranted. For instance, if a driver is speeding or driving erratically, the officer may decide to pull the driver over and ask said driver if they have been drinking. These kinds of things can be considered in the officer’s determination as to whether they had reasonable suspicion to stop the driver. Sometimes police will pull a driver over for another suspected traffic violation. For example, the officer may notice the driver is speeding. No matter what the reason is, drivers must know that speaking with a lawyer in Royse City, TX is their right.
If the officer notices that the driver is intoxicated when approaching the vehicle, then they may proceed as if the driver is actually driving while intoxicated. Such evidence may include the smell of alcohol on the driver’s breath or open containers of alcohol in the car, among other things. The peace officer can also make a determination based on the speed and manner in which the accused was driving. Once the driver has been detained, the police need to gather evidence to determine if the driver is drunk in accordance with state law. The first step in this process is usually a visual examination of the driver. If the driver appears drunk, then the agent can perform field sobriety tests (such as reciting the alphabet, standing on one leg) and a breathalyzer test. Speaking with the Law Office of Tim Hartley, at this point, is a smart move.
If based on the evidence gathered, the officer believes the driver is drunk, then they can arrest them and take them to the police station for a chemical test to determine the level of alcohol content in their blood. The case will then proceed, or charges will be dropped, all according to the results of the blood test. No matter what those results are, it is best to hire a lawyer in Royse City, TX before going further. According to the fourth amendment of the United States Constitution and state constitutional provisions, a person has the right to proper defense. When law enforcement conducts a mandatory blood test, especially without an order, issues related to the fourth amendment regarding registrations and seizures are presented. Visit the website for more information.
