Know Your Rights in a DUI Arrest
Parks & Braxton, PA Will Fight for Your Rights
Just because someone is arrested for
driving under the influence (DUI) does not mean that they are guilty or that they deserve any penalties
that the judge sentences. Law enforcement officers make unlawful police
stops every year, as well as numerous wrongful DUI arrests. Judges can
also be overly harsh when sentencing someone who has been charged with
DUI. At Parks & Braxton, PA, our goal is to defend clients from serious
DUI penalties and to fight for a dismissal or reduction of their charges.
Our experience has allowed us to gain extensive knowledge of a person's
rights in a DUI arrest, and we will fight tirelessly to ensure that your
rights are upheld.
Unlawful Police Stops & Unnecessary Use of Force
Law enforcement cannot pull someone over at random to investigate for intoxication.
They can only pull a motorist over if they witness signs of drunkenness,
such as weaving or speeding, or if they have been tipped off by an eye
witness. The attorneys with our firm will investigate the circumstances
of your DUI stop to determine whether or not your arresting officer even
had the right to pull you over in the first place.
Even if they did have probable cause to pull you over and investigate for
intoxication, they are required to treat you with respect as long as you
are not belligerent or resistant to their requests. If you are complying
with their questions and sobriety tests, they should not treat you disrespectfully
or forcefully. Use of threats, intimidation, or physical force should
never occur in a DUI stop or DUI arrest unless the suspect poses some
form of a threat to the officer or refuses arrest.
Your Miranda Rights
Anyone who is arrested for any crime has rights, which are typically read
to them during arrest in the form of the Miranda Warning. Your "Miranda
rights" are the right to remain silent and the right to an attorney.
The first of these is extremely important. If you are ever arrested or
have already been arrested, it is very important that you do not speak
to the police or anyone else until you have the counsel of a
Jacksonville DUI lawyer from our firm because "anything you say can and will be used against
you in a court of law." Such information is known as self-incrimination,
so be sure to remain silent until you have a lawyer by your side who can
ensure that you do not say anything that can be skewed and used against
you in your court hearing.
Your right to an attorney is also extremely important. If you cannot afford
private counsel, a public defender will be appointed to represent you.
Nothing compares to choosing your own lawyer and being able to have confidence
in your defense, however, so call the offices of Parks & Braxton,
PA today to hire one of our excellent attorneys. We offer a free
case evaluation so that you can make an educated decision about your representation. Our
lawyers have won thousands of defense cases and have over 40 years of
Contact us today for the representation of an experienced and successful DUI attorney!