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Will your DUI charge hold up in court?

On Behalf of | Jan 19, 2018 | Uncategorized

South Carolina residents who are arrested for drinking and driving will likely face the possibility of damaging penalties. At Parham Law Firm, LLC, we work to help prove whether or not your arrest and subsequent charges will hold up in court.

Many people, perhaps including you, may not be aware of the fact that DUI-related arrests actually have to follow somewhat specific criteria. In fact, there are two common mistakes that police officers make when making DUI arrests: illegal searches, and illegal stops.

Simply put, illegal searches violate the strict rules in place to protect your rights. Police have to follow these regulations, which limit an officer’s ability to conduct searches that are held in tandem with DUI-related arrests. For example, they need to have proof of wrongdoing to search for evidence, such as the admission of having alcohol in the vehicle. An illegal stop has happened if an officer pulls you over without a probable cause. Causes can range from small traffic violations like having expired stickers, to erratic or aggressive driving.

Finally, improper filming isn’t considered illegal, but it can result in the police video itself being rendered inadmissible as evidence in some cases. If the camera doesn’t capture the arrestee’s feet, makes errors, or stops recording, then it can’t be used.

Facing any sort of DUI-related charge can end in jail time or heavy fines, which can impact your life hugely. Visit our linked web page on DUI-related charges and how to handle them if you would like to learn how to reduce your chances of facing these penalties.