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If I understand the facts, the officer cannot legally search your car -- other than objects in plain sight -- without an arrest. The purpose of field sobriety tests is exactly that: to help determine whether probable cause exists....As for swerving, this "observation" is widely abused by the police, as all cars swerve within lanes to some degree, and often more pronounces swerving is due to "black-and-white fever" -- taking your eyes off the road while watching the police car in the rear view...
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I agree with attorney John Kaman... The primary difficulties in prosecuting a case of DUI drugs is proving (1) the drugs were actively present in the system, (2) the amount was sufficient to impair driving, (3 the driver was in fact impaired -- to the degree he was unable to operate a vehicle safely. These are problems primarily because it is generally very difficult to determine what levels of the many different drugs are necessary to achieve impairment, as well as whether the driver was,...
It's highly unlikely that you have a law suit against the city or county for many reasons. First, it's difficult to establish negligence in the performance of investigative duties. Second, most jurisdictions exempt discretionary functions to civil liability. Third, this is a discretionary decision to arrest someone else; discretionary governmental decisions are rarely subject to civil liability. Fourth, you are not the party directly affected; you are only indirectly affected by the...
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