Sobriety Test: Supreme Court Is Drawing The Line

Seeing how the Supreme Court is clearing their docket of cases from the preceding term every single year in June, it is obviously the most appropriate time for the Court to rule out all the most substantial decisions. And this year, due to the sudden passing of Antonin Scalia, back in February, which resulted in a deadlock of 4-4, the Court had a pretty eventful year indeed. Nevertheless, despite that, the Supreme Court still managed to render a number of decisions, which will have a long-lasting impact on the lives of Americans in the future.

When it comes to the area of criminal legislation, a pretty substantial finding came together with the Court’s decision in a consolidated group that was referred as Birchfield v. North Dakota. All three cases were brought together in order to establish the limitations of the law enforcement authority in establishing whether a driver is operating his or her vehicle under the influence of alcohol.

Hence, the Supreme Court has managed to determine, through a 5-3 opinion, which was authored by Justice Samuel Alito that if a person refuses to submit him or herself to the breathalyzer test, it could be deemed as a crime and therefore no warrant is required for the law enforcement officers to administer that test to begin with. Alito also mentioned that breath tests are far less intrusive than the blood tests and could easily be administered as a search incident to a lawful arrest for driving under the influence of alcohol. The ruling was applied to the conviction of William Bernard Jr., who was convicted for refusing to submit himself to the breathalyzer test in the state of Minnesota.

However, the Supreme Court managed to establish a totally different finding regarding the defendant Danny Birchfield – he was prosecuted in North Dakota for refusing to submit himself to the blood test. In this case, the Supreme Court established that blood testing is far more intrusive and whether it is reasonable needs to be determined in line with how available other, less invasive methods, are (such as the breathalyzer testing). Needless to say, blood tests involve piercing of one’s skin and are delivering an actual physical sample to the prosecutors. Hence, because of this reasons, the Supreme Court ruled out that a warrant is necessary prior to the blood test and its administration.

Before the Supreme Court ruled out that decision, 11 states, which include both North Dakota and Minnesota, actually went beyond suspending of driving privileges for people, who refuse to take a breathalyzer test. However, right now, when the court has finally approved the prosecution of those instances, more states will most probably follow the suit. Sure enough, the ruling of the Supreme Court will lead to the increase in breathalyzer tests and, consequently, the decrease in the blood testing.

It is very important, crucial even, to understand what this Court decision actually means for drivers from California. California Vehicle Code actually states that an individual “lawfully arrested for driving under the influence of an alcoholic beverage… has the choice of whether the test shall be of his or her blood or breath and the officer shall advise the person that he or she has that choice.” Nevertheless. The Supreme Court actually made a strong argument and decided that no warrant is required for the breathalyzer test to be administered. However, there is need for a warrant in case a blood test is necessary. One way or the other, these rulings may well change things on the roads and highways a bit.

More information about DUI is available here: www.lasvegasduilawyernow.com/

Las Vegas Criminal Procedure And Why You Need a Criminal Defense Lawyer

At times, people do not even know that they are committing a crime. Furthermore, some people simply had the misfortune to find themselves at the wrong time and in the wrong place. One way or the other, there are two general types of crimes – we are talking about misdemeanors that are less serious and therefore go straight to the trial, without any preliminary hearings and felonies – much more serious crimes that require a much more detailed approach. Hence, people who were charged with felonies will have to go through preliminary hearings first. Of course, the justice system considers that the judge and the jury will be capable of determining if a person is guilty of committing a crime to begin with. Nevertheless, the prosecutor is only interested in sentencing the defendant and will invest all the efforts into this, so it is very important, crucial even, to make sure that you have a qualified as well as genuinely experienced Las Vegas criminal defense attorney by your side throughout the entire process.

No matter whether you were charged with Las Vegas DUI, misdemeanor or a felony – there are plenty of ways for the case to go from here on. Hence, you will inevitably have to hire a good lawyer in order to make the most from your legal defense. Of course, it is best to consult the attorney prior to the trial. Furthermore, it is highly advisable to hire an experienced professional. Needless to say, you can go with a public lawyer and some of them are very experienced and qualified indeed. However, most of the state attorneys already have too much to deal with and will hardly be able to devote as much time and efforts to your case indeed.

Still, it is also very important to keep in mind that the lawyer will need to know if you are really guilty or not. This will really help in building the best legal defense strategy possible. Hence, make sure that you are 100% honest with your attorney all that time. Consequently, the lawyer will gather all the necessary evidence that will help the case. Furthermore, you will be able to rest assured knowing that this attorney you hired is investing all of his time and efforts into your case and is utilizing all the available resources to help you.

The criminal procedure may prove to be very long and difficult indeed. Hence, this is also one of the reasons why hiring an attorney will prove to be quite invaluable to you – he will be able to get you through the whole process and you will be able to easily get in touch with him whenever you need. On the other hand, a public attorney will mostly be present during the hearings and will not give you too many answers.

Finally, in case that you know that you are not guilty, but the evidence is turning against you, do not lose any time and make sure you hire a good Las Vegas criminal lawyer asap.

The Las Vegas DUI Specialists