Any knowledgeable DUI defense lawyer Montgomery County offers will tell you that, despite having been arrested, you still have rights. It is important to know exactly what rights you have, and also to consider which of your rights may have been violated as you were pulled over under suspicion and subsequently arrested. In The United States, you are presumed innocent until proven guilty in a court of law. Keep the following information in mind as your case progresses.
There are multiple ways in which the police officers who arrested you may have violated your rights. If so, it may be possible to have all charges dismissed. As you read through the following list, review the incident in carefully in your head and try to remember exactly how it happened. If you believe these rights were violated, contact a Montgomery County DUI attorney right away.
- Did the officer(s) have probable cause to pull over and detain you?
An officer must have a good reason to pull a civilian over. Were you speeding, swerving, or breaking any other traffic laws prior to being pulled over? If not, the officer may have simply profiled you and arrested you without legal reason. - Were you read your Miranda Rights?
The arresting officer must read you your Miranda rights as you are being arrested. The rights you have as you are arrested are so important to know that the officers must assure you know them. - Did the officer witness you driving the car?
If you answered “no” to any of these questions, it may be possible for the charges against you to be dismissed. However, the majority of defendants will find each of these did in fact occur at the time of the arrest. Despite this, you still have the right not to be deprived of your liberty without due process of the law. You have the right to representation. Do not take that right for granted. Contact a DUI lawyer Montgomery County defendants have come to know and respect.