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Understand Your Rights

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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 combined experience. Contact us today for the representation of an experienced and successful DUI attorney!

View All Our Recent DUI Wins

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Case #05-2013-CT-065706 Defendent arrested after failing field tests and blowing above .08 at checkpoint. The State dropped the DUI. View All Wins
Case #7939-XEM Defendent arrested after rear-ending another vehicle and failing field sobriety test. The DUI was dismissed. View All Wins
Case #11-018737MM10A Defendent arrested after failing field sobriety test. The State dropped the DUI. View All Wins