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1. reasonable suspicion 2. probable cause 3. arrest (including invoking the implied consent law) 4. criminal charge and "civil law" sanctions [55] The legal stages are relevant because of the degree of evidence required at each stage. (For example, the police need not demonstrate guilt "beyond a reasonable doubt" in order to execute a traffic ...
California's "catch-all" provision was previously found in California Vehicle Code Section 23152(a); however new statutes that were made effective on January 1, 2014, two new sections were created to make sections specifically addressing those charged with driving under the influence of drugs, (which includes prescription medications if it can be shown that those medications impaired the ...
However, a driver is not legally obligated to submit to field sobriety tests, pre-arrest breath tests, or cheek swabs at a DUI checkpoint, according to Shouse California Law Group.
The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...
Reasonable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch ' "; [1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", [2] and the suspicion must be associated with the ...
A California woman who advocated for stricter DUI laws after two of her children were killed by a drunk driver has been charged with manslaughter after officials say they found her intoxicated and ...
The Sheriff’s Office summoned the California Highway Patrol to make the arrest on suspicion of DUI. The West Sacramento officer was booked into the San Joaquin County Jail in French Camp on ...
Upon suspicion that the driver has consumed alcohol, due to the officer noting the smell of alcohol, slurred speech, or other signs, the stopped driver is required to exit the vehicle and asked to take a series of roadside field sobriety tests. These tests help the officer to determine whether the person's physical and/or mental skills are ...
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