Before I start my explanation of probable cause, specifically as it relates to Seattle criminal charges, I want to emphasize that this article is for educational purposes. If you are charged with a Seattle DUI, please call a Seattle criminal attorney for discussion on your precise case. Do not rely on this as legal guidance, as each case is so factually diverse individual counsel is essential.
Probable cause is generally viewed as a mixed problem of law and fact. It requires extensive substantiation and a legal conclusion of probable cause. Significant support requires "a adequate quantity of facts in the record to influence a fair-minded, rational individual of the accuracy of the finding." It is the who, what, when, and where of the study.
For instance, let's pretend we have a guy driving around in Seattle subsequent to having consumed several cocktails. He is detained by a officer for speeding - 37 in a 25. He is otherwise driving normally, including pulling off to the side of the road in a sensible way. At this time there in all probability is no probable cause for criminal, despite the fact that 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 may escalate to the level of substantial proof of DUI.
The second prong of probable cause is whether the evidence confirm a legal finding of probable cause. In essence, do the facts as recognized confirm a logical belief that a crime has been committed. In this set of circumstances, possibly so, perhaps not. Individuals are permitted to drink and then drive (just not when impaired by beer), and the watery eyes may be described away by something else.
So, what if the officer then asks the driver to complete field sobriety tests (which you can and ought to always refuse to do in the State of Washington) and he does, failing to tap his finger to his nose, failing to balance on one leg, and failing to touch heel to toe in a walk and turn test? Is that sufficient for an cop to derive a practical finding that the driver was driving under the influence of liquor? In all probability. It is certainly a stronger set of circumstances for the officer (although not definitive - injuries and weather circumstances may have been a factor, for example).
Now, why is this critical for you, the normal Seattle resident? Because it is crucial to know that whenever a cop stops you and begins to question you he is not fretful with your safety (except in those apparent situations) and is ordinarily attempting to gather adequate data from you to establish probable cause. And it is even more essential to recognize it is within your Constitutional rights to refuse to give him data he will in the end exploit against you (despite the fact that you ought to give your license, registration, and act considerately to the police officer).
If you do discover yourself likely to be captured for criminal, speak to the police as little as possible by saying no respectfully ("I'd respectfully refuse to answer that problem") and if things continue to heat up ask to have a minute to get in touch with your Seattle criminal attorney. Even if they get you to say things your Seattle DUI lawyer will have a decent chance of getting it thrown out (you must never waive our rights, for your information).
Thank for your reading the Criminal Attorney in Seattle Blog. Come back soon.
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First Court Appearance on Your Criminal Charge - Arraignment
Seattle Criminal Attorney and Search Incident to Arrest
