It can help drivers to remember that they have constitutional rights that they can exercise during traffic stops. This can protect people from facing severe criminal charges. Here’s what you should know:
Under the Fifth Amendment, drivers have the right to refrain from making comments that might be used against them in a court of law. Drivers may mistakenly make comments as the police question them, which could link them to other crimes. When the police start questioning a driver, the driver can “plead the Fifth.” Pleading the Fifth is a simple way of stating that a driver is willing to cooperate but not make any self-incriminating comments.
The Fourth Amendment protects people from the police conducting unreasonable searches and seizures. The police must meet certain criteria before searching a vehicle. This can be done if the police get permission from a driver, have a warrant or believe that a crime was committed. Without any of these, evidence collected in an illegal search could be inadmissible.
Drivers have the right to record the police under the First Amendment. This can help create a legal defense for drivers who believe that the police violated the law or abused their power. If the recording interferes with the police officer’s duty, then a driver may not be able to record the police.
Understanding these legal rights can help you create a legal defense if you believe your rights were violated during a traffic stop.
]]>While to err is human, here are costly mistakes you want to steer clear of if you are charged with DUI in Georgia:
Georgia Department of Driver Services will suspend your driver’s license If you are charged with DUI. Of course, this can be devastating, especially if you rely on your car to get to work. However, one of the most serious mistakes you can make is to drive with a suspended license. Alongside the possible DUI charges you will face if convicted, driving with a suspended license will attract their own set of charges.
It’s not uncommon to be released on bail while awaiting the outcome of your DUI case. However, it’s important to understand that bail comes with its terms – and one of these is showing up in court whenever you are required to do so. Missing court without a justifiable reason can lead to the revocation of your bail among other consequences.
You should never lie to the police. That said, you should never admit guilt unless you are looking for a plea deal. Admitting guilt with the hope that doing so will result in some form of mercy from the prosecution will only compound your problems. Remember, the Fifth Amendment protects you from self-incrimination.
A DUI charge can be a stressful experience. Unfortunately, it’s not uncommon for mistakes to be made during these tense times. Find out how sound legal advice can help you avoid missteps that can potentially harm your DUI case.
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