Before I start in on my depiction of probable cause, distinctively as it relates to Seattle criminal accusations, I want to highlight that this piece on this Seattle DUI attorney blog is for informational purposes. If you are charged with a Seattle criminal or facing a Seattle criminal, please speak to a Seattle DUI attorney for conference on your individual situation. Do not rely on this as legal counsel, as each case is so factually dissimilar precise advice is essential.
Probable cause is normally viewed as a mixed issue of law and fact. It requires substantial support and a legal conclusion of probable cause. Sizeable support requires "a adequate amount of facts in the record to sway a fair-minded, coherent person of the accuracy of the finding." It is the who, what, when, and where of the examination.
For example, let's pretend we have a guy driving around in Seattle after having consumed more than a few cocktails. He is pulled over by a cop for speeding - 37 in a 25. He is otherwise driving normally, including pulling off to the side of the street in a sensible manner. At this moment there probably is no probable cause for DUI, though there is probable cause for speeding. But what if when the police officer approaches the driver he smells a robust odor of beer and his eyes were watery and bloodshot. This might climb to the amount of sizeable substantiation of DUI.
The subsequent prong of probable cause is whether the facts support a legal determination of probable cause. Basically, do the evidence as recognized substantiate a rational belief that a crime has been committed. In this situation, maybe so, possibly not. People are allowed to drink and then drive (just not when impaired by beer), and the watery eyes may be explained away by something else.
So, what if the police officer then asks the driver to perform field sobriety tests (which you can and must always decline to do in the State of Washington) and he does, failing to touch his finger to his nose, failing to balance on one leg, and failing to meet heel to toe in a walk and turn check? Is that enough for an cop to extract a sensible determination that the driver was driving under the influence of booze? Likely. It is definitely a stronger situation for the cop (although not definitive - injuries and weather circumstances may have been a factor, for example).
Now, why is this crucial for you, the common Seattle voter? Because it is essential to realize that each time a officer stops you and begins to question you he is not disturbed with your safety (excluding in those clear situations) and is regularly trying to collect adequate data from you to establish probable cause. And it is even more critical to understand it is within your Constitutional rights to decline to give him data he will in the end use against you (despite the fact that you ought to give your license, registration, and act politely to the police officer).
If you do find yourself likely to be captured for DUI, talk to the police as little as possible by declining respectfully ("I'd respectfully refuse to answer that problem") and if things continue to heat up ask to have a minute to contact your Seattle DUI attorney. Even if they get you to say things your Seattle criminal attorney will have a decent chance of getting it thrown out (you should never waive our rights, for your information).
Related Posts:
Dealing with a Seattle DUI Charge
Choosing a Good Seattle DUI Attorney
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