Good Essay About Legal Aspect Of Security
What Police are Looking for in DUI Driver
Kraut Law Group - DUI Defense
HG.org Legal Resources
Descriptive Summary of the Article
As stated in the Fourth Amendment to the United States Constitution, all police are not allowed to stop any vehicle to investigate the person who is driving the vehicle or Driving Under the Influence or DUI offense. The Supreme Courts in United States and California have held that the officers must have probable cause or reasonable cause that the person driving the vehicle is violating the law before pulling a vehicle over. Typically, the reason for the officers, for pulling a vehicle over, is a violation of the Vehicle Code or other laws. The violation committed does not have to be related to driving impairment. Most cases, officers will stop a vehicle to address observed equipment violations such as improper window tint or faulty brake light. Eventually, after the vehicle has been stopped, the officer has the chance to have a conversation with the driver. During the conversation, the officers on patrol are vigilant or may form their opinion that the person driving is under the influence, will be investigated and arrested for a DUI offense. The observed violation of California Vehicle Code Section 21658(a) is one of the main justifications cited for stopping a vehicle. The law stated that officers on patrol can pull a vehicle over for swerving between lines excessively that indicates the person driving the vehicle is under the influence.
Most cases, drivers remained within the lane and swerved into that lane, a legal ground held by the Courts for officers on patrol to pull the vehicle over. However, the Courts have held that a single crossing of a demarcation line or a slight movement within that lane is insufficient ground for stopping a vehicle. The officers on patrol look for drivers who committed violations with impaired or inattentive driving consistently. The impaired or inattentive driving is speeding, driving in the opposite direction of traffic, or running red lights on. These offenses may lead the officer on patrol to stop a vehicle and automatically initiates a DUI investigation on the driver when observed during late hours or on weekends. In addition, another event that makes the officer on patrol suspicious to the drivers under the influence of alcohol or drugs, those who are involved in traffic collisions. Evidence and statement are taken from all parties and witnesses involved in the incident or collision. If it is suspected that the collision was caused by driving impairment or the driver was intoxicated, the officer on patrol initiates a DUI investigation separately and may detain the driver for a DUI offense.
Analysis and Opinion that relates in the Article and DUI in Chapter 3
It is found in motor vehicle codes that Driving Under the Influence or DUI, or Driving While Intoxicated or DWI is a statue that focuses on the operation of a motor vehicle, under the influence of alcohol or drugs. The article entitled “What Police are Looking for in DUI Driver” relates to the topic stated in chapter 3 of the book. The main content of the article demonstrates the probable or reasonable cause before the officer on patrol pull the vehicle over, investigates, or arrests the driver. The officer on patrol carefully follows the law or the observed violation committed by the driver to justify for stopping the vehicle.
Personally, I would say that the article is an eye opener for the readers who have no idea about a DUI offense and the law governing it. The article educates the readers to understand the specific idea why officer on patrol stops the vehicle and how he investigates the incident accordingly. It only implies that people should be aware of the different sources, definitions, and classifications of crime to avoid committing any offenses against the society. If a person has violated the state criminal law, he has harmed the citizens of the state, and if a person has committed a violation of the federal criminal law, the offense he committed is against the citizens of the United States.
Kraut, M. (2015, January 14). What Police are Looking for in a DUI Driver. HG.org Legal Resources, pp. 1-2. Retrieved January 29, 2015, from http://www.hg.org/law-articles-criminal-law.asp
Ortmeier, P. J. (2002). Introduction to Security: Operations and Management (4th ed.). Upper Saddle River, New Jersey, United States of America: Pearson Education Inc. doi:10.0132682958
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