Before I commence my description of probable cause, particularly as it relates to Seattle criminal accusations, I want to point out that this article is for informational purposes. If you are charged with a Seattle DUI please speak to a Seattle DUI attorney for consultation on your particular case. Do not rely on this as legal advice, as each set of circumstances is so factually diverse specific guidance is mandatory.
Probable cause is usually viewed as a mixed problem of law and fact. It requires sizeable facts and a legal determination of probable cause. Considerable substantiation requires "a sufficient amount of evidence in the record to convince a fair-minded, lucid individual of the accuracy of the determination." It is the who, what, when, and where of the scrutiny.
For instance, let's suppose we have a guy driving around in Seattle after having consumed more than a few beers. He is pulled over by a police officer for speeding - 37 in a 25. He is otherwise driving ordinarily, including pulling off to the side of the roadway in a responsible manner. At this point there almost certainly is no probable cause for criminal, despite the fact that there is probable cause for speeding. But what if when the officer approaches the driver he smells a strong odor of beer and his eyes were watery and bloodshot. This might climb to the quantity of extensive evidence of DUI.
The next element of probable cause is whether the details support a legal determination of probable cause. In essence, do the evidence as recognized confirm a practical belief that a crime has been committed. In this case, perhaps so, perhaps not. People are permitted to drink and then drive (just not when impaired by booze), and the watery eyes may be explained away by something else.
So, what if the cop then asks the driver to carry out field sobriety tests (which you can and must at all times 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 examination? Is that sufficient for an officer to draw a sensible conclusion that the driver was driving under the influence of booze? In all probability. It is definitely a stronger set of circumstances for the cop (although not definitive - injuries and weather conditions may have been a factor, for instance).
Now, why is this essential for you, the average Seattle voter? Because it is central to understand that every time a officer stops you and begins to question you he is not disturbed with your security (except in those apparent conditions) and is frequently trying to collect adequate data from you to confirm probable cause. And it is even more crucial to recognize it is within your Constitutional rights to refuse to give him information he will eventually bring into play against you (although you ought to provide your license, registration, and act courteously to the officer).
If you do find yourself probably to be captured for criminal, speak to the cops as little as possible by declining courteously ("I'd respectfully decline to respond that problem") and if things continue to heat up ask to have a minute to get in touch with your criminal attorney. Even if they get you to say stuff your Seattle DUI attorney will have a good chance of getting it thrown out (you ought to never waive our rights, for your information).
Hope you are enjoying the Seattle DUI Attorneys Blog. Keep up the reading!
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