Criminal Defense
The Fourth Amendment and Consent to Search a Vehicle
Whether Consent Given by Driver to Search Vehicle Was Given Voluntarily Requires Analysis by an Experienced Criminal Defense Attorney Who Understands the Fourth Amendment Voluntariness of consent to search must be analyzed under the Fourth Amendment and Article 1, section 5 of The United States Constitution "by examining the totality of the circumstances." Ohio v. Robinette, 519 U.S. at 39; State v. Sherburne, 571 A.2d 1181, 1185 (Me. 1990). Consent…
Read MoreUnlawful for Officer to Arrest without Probable Cause to Detain a Driver
What an Experienced Criminal Defense Attorney Can Do for You An officer must see an objective violation of the law, or have reasonable suspicion that a crime is about to occur or has occurred, before an officer may detain an individual. Whren v. United States, 517 U.S. 806, 116 S. Ct. 1769, 135 L. Ed. 2d 89 (1996). In Whren, the United States' Supreme Court held that a police officer's…
Read MoreUnited States Supreme Court Rules that Police May Not Automatically Search the Car of Anyone They Pull Over for a Traffic Infraction
Recently in Arizona v. Gant, United States Supreme Court ruled that it was not proper for officers to have the authority to automatically search the car of a person who is stopped over a traffic infraction. The court held that in order to justify a search, the police must either reasonably fear that the arrestee might have access to a weapon in the car or have a reasonable prospect of…
Read MoreReckless Driving in California: Understanding the Law and What You Can Do if Accused
Reckless driving, defined in Section 23103, is one of the most vaguely worded statutes in the California Vehicle Code. It states that "[a]ny person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving." A person found guilty for a first offense of reckless driving in California can face fines of several thousand dollars, a jail…
Read MoreLicense Suspension in California Can Result from Various Traffic Violations
Your license can still be suspended even if you are not convicted of a DUI in California Although it is well-known that if you are convicted of DUI, your driver's license will most likely be suspended. What is not as commonly known is that there are many cases in which if you are convicted of a violation other than DUI you can still get your driver's license suspended. Violations of…
Read MoreTraffic Violation Required to Satisfy Probable Cause in California
Police Cannot Pull You Over Just for Your Temporary Operating Permit Police officers need probable cause in order to pull motorists over. What this means is that they must have probable cause to believe that a motorist performed a traffic violation. Over the years, police officers have come up with just about any excuse to justify pulling motorists over, in order to satisfy this probable cause requirement. One of their…
Read MoreDrivers License Suspension A Possible Punishment for Speeding in California
Under New California Law, A Person Who Is Convicted Of Driving In Excess Of 100 MPH May Have Their Driving Privileges Suspended. Under California law, the court may impose a drivers license suspension on drivers convicted of driving in excess of 100 mph. The court may suspend driving privileges without any opportunity for obtaining a restricted license during the period of suspension. As of 2009, California Vehicle Code Section 13200…
Read MoreTraffic Ticket Lawyers on Text Messaging While Driving Citations
Can I Really Get A Ticket For Text Messaging While I Drive? Why You Need An Experienced Law Firm To Help You Handle Traffic Tickets. In California, under California Vehicle Code Section 23123.5(a), a person my not drive a car while using an electronic wireless communications device to write, send, or read a text-based communication. This law is currently in effect and you can be cited for an infraction for…
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