Fort Lauderdale Bare Assertions Attorneys
The defense of bare assertions is one that is often used in DUI cases. A police officer must meet several requirements before they can arrest, or even stop, someone for a suspected DUI. Unfortunately, all too often, police officers do not meet these requirements. When that is the case, you should speak to a Fort Lauderdale bare assertions attorney that can uphold your rights.
Bare Assertions and Reasonable Suspicion
Before a police officer can pull someone over for a suspected DUI, they must have a reasonable suspicion that the driver has committed a crime. This is a fairly low standard. Generally speaking, an officer must just have reason to suspect that someone is driving while under the influence. Behaviors that may give a police officer reasonable suspicion include weaving in and out of lanes, driving too quickly or too slowly, or running red lights.
If a police officer does not observe behaviors that give them reasonable suspicion, they cannot legally pull a driver over. Sometimes though, police officers pull a driver over anyway. In their report then, the police officer cannot specify the observations that gave them reasonable suspicion and so, they will make bare assertions instead. A bare assertion is simply making the accusation that the driver was impaired, without providing full reason for that assumption.
Bare Assertions and Probable Cause
Probable cause is a much higher standard than reasonable suspicion. An officer must have probable cause before they arrest someone. Probable cause means the officer has good reason to think the driver has committed a crime, such as driving while under the influence. Behavior that may give law enforcement probable cause includes the smell of alcohol on the driver’s breath, seeing an open container in the vehicle, or glassy or bloodshot eyes.
Like when a police officer does not have reasonable suspicion but stops a driver anyway, they may simply provide bare assertions without providing full evidence that they had probable cause. In this case, it is a wrongful arrest. Many criminal courts in Florida have determined in the past that in order to support an arrest, the prosecution must have more than conclusory statements.
What to Do After Bare Assertions are Made
It is important to work with a qualified defense attorney any time you are facing charges. A attorney will obtain the officer’s report and determine if bare assertions were made. If so, the attorney will then use that to prove the stop or arrest was unlawful. If successful, any evidence obtained after either one of those actions is inadmissible in court and the charges may even be dismissed.
Our Fort Lauderdale Bare Assertions Attorney Can Prove Your Case
If you have been charged with a DUI, our Fort Lauderdale bare assertions attorney at Meldon Law can determine if the officer had reason to arrest you and if not, we know how to prove it. Call us today at 800-373-8000 or contact us online to schedule a free consultation and to learn more about how we can help.