The Law Blog

By:  LINDSEY O’NEILL, ESQ.

Most of us have wondered at one point or another to what extent the police can search your car, whether in the context of being stopped while driving or otherwise.  In fact, you may wonder this whenever you see those lights flashing in your rear view mirror… 

A police officer can search your car in a variety of circumstances: 

Consent:  A law enforcement officer can always search a car if you give them permission to search.   In this case, the officer doesn’t even need to give a reason for wanting to search.  

Plain Sight:  A law enforcement officer can request that a driver pull to the side of the road if he or she believes that the driver has broken the rules of the road.  If the officer sees anything illegal in the car then the officer can take the evidence and it can be admissible in court.  In most jurisdictions, for instance, it is illegal to have an open container of alcohol in an automobile. If the officer pulls the driver over for speeding and sees an open beer can then the officer may take the evidence and it may be admissible in court.

Probable Cause:  An officer may also search your car if he or she has probable cause to believe that the vehicle has incriminating evidence.  For instance, if an officer sees you buying marijuana, then jumping in your car… the officer could pull you over and search your car without a warrant.  

Safety:  If the police officer reasonably believes that his or her safety is in jeopardy then the police officer may make a protective search of the car.  For instance, if the officer believes you may have hidden a weapon under your seat or in some other accessible area in your car, then the officer may be able to search your car on the basis that his or her safety was in jeopardy.  Although, the legality of a search on this basis is often highly debated in court. 

For more information about whether a police search of your car was lawful, or if you have other questions about a criminal matter, contact a criminal defense attorney in your area today.

written by thelaw

By: LISA R. WILSON

Due to the financial meltdown felt by millions of Americans across this country, the number of people acting as their own lawyers is on the rise. In the past, less complicated cases such as uncontested divorces or small claims were often filed by parties serving as their own attorney. But in this tough economy, even those tied up in child custody cases, complex lawsuits and complicated bankruptcies are representing themselves as well. “It’s not just that poor people can’t afford lawyers. This is really a middle-class phenomenon,” said Sue Talia, a judge from Danville, California.

The result of this legal trend is causing court systems to clog with filings from people unfamiliar with the legal process. Sadly, some of these pro se litigants, as they are being called, are making mistakes with expensive and permanent consequences. “Courts are absolutely inundated with people who do not understand the procedures,” said Talia. “It is a disaster for high-volume courts, because an inordinate amount of their clerks’ time is spent trying to make sure that the procedures are correctly followed.”

Luckily, there is self-help Web sites (such as LawInfo) and desks at court offices that offer standard legal forms for such things as simple divorces. The American Bar Association is encouraging all states to set up such self-help desks and adopt standardized forms to help cut legal costs. Also, volunteer lawyers are available in some states to give legal advice to those who cannot afford legal counsel. Further, a majority of states promote a growing legal trend known as “unbundling,” in which an attorney handles just part of a contract, lawsuit or other litigation for a small fee, rather than taking on an entire case.

Despite these tough economic times, however, there are situations where hiring a lawyer is not only imperative for your case, but critical to your fundamental freedom, such as fighting a criminal charge. Matters like this leave no room for penny-pinching. For more information, contact a qualified attorney in your area today for an initial (and usually free) consultation to discuss the specifics of your case.

written by thelaw

By:  LINDSEY O’NEILL, ESQ.

Between the Thanksgiving holiday and the end of the New Year’s weeknd, DUI arrests are at a high point.  As millions of Americans hit the roads for the holiday season, law enforcement implements a nationwide crackdown on drunk driving in an effort to help save lives and prevent injuries.

The enforcement crackdown typical includes increased use of sobriety checkpoints and increased patrols. 

As stated on the NHTSA website:

The blood alcohol concentration level of .08 is the illegal level in all 50 states and is the point at which the fatal crash risk increases significantly. At that point, all of the critical driving skills are affected: braking, steering, lane changing, judgment and response time. The risk of a driver dying in a crash at .08 BAC is at least 11 times that of drivers without alcohol in their system.

If you find yourself in the unfortunate situation of being arrested for a DUI this holiday season, remember that you should speak to an attorney as soon as possible.  In some states, you may be allowed to speak to an attorney even before you submit to a chemical test to measure your blood-to-alcohol limit. 

Because drunk driving laws are complex, you not you will be much better off with the advice and representation of an experienced drunk driving attorney – one who knows the enforcement  procedures, is well versed with the different sobriety tests and their varying accuracy levels, and understands how best to protect your rights.

written by thelaw