The police do not necessarily need a warrant to place you under arrest. If a police officer believes (or claims to believe) that there is probable cause that a crime is being committed, or has been committed and that you are the suspect, you can be placed under arrest.
The driving conduct could be:
- Wide turns
- Wrong-way driving
- Other obvious failures to operate a vehicle safely
If you were pulled over due to a broken taillight or other similar violation, and when questioned, the police had a reasonable suspicion to believe you were driving drunk, you could be arrested. In most cases, you will be asked to perform field sobriety exercises prior to your arrest. Why? To establish a more solid basis for probable cause to arrest.
Probable cause reports are creative writing essays, with police claiming that a driver was "swerving within the lane," or had "bloodshot eyes" or "slurred speech." It is not illegal to swerve within your lane if it doesn't endanger other drivers.
You may have had bloodshot eyes, but there are many reasons why a person may be having a reaction that causes red eyes, including hay fever and other allergies, crying or irritation or contact lenses. Older people get the dry-eye syndrome. Slurred speech is another problem as there are as many ways of speaking as there are individuals, particularly in communities of diverse cultural backgrounds.
Don’t Face These Charges Alone – Call 305-330-1976 Today
If you were arrested after being stopped by police, it may be that you are a victim of a rights violation. If so, the evidence obtained after an illegal stop may not be admitted in court, such as blood or breath testing evidence. Call my firm for more information about illegal police stops and arrests.
Secure representation from a trusted Miami criminal defense lawyer today. Call Jonathan Blecher, P.A. today to schedule a free consultation.