There are several reasons why a law enforcement official may ask an individual to pull over their vehicle. Many times, traffic stops lead to DUI investigations. If an officer observes objective signs of intoxication, they may ask the person to step outside of the vehicle so they can conduct a DUI investigation. If they observe other crimes or probable cause of other crimes, such as a firearm or drug paraphernalia, that could lead to an arrest and a search of the vehicle.
No matter the reasons, it is important to know what to expect at a traffic stop in Oakland to ensure your rights are protected. Furthermore, if you believe your rights were violated during a traffic stop, a qualified traffic attorney may be able to help you.
As soon as it becomes clear an officer wants an individual to pullover, the person should immediately try to locate a place to stop safely. If one is on a highway and there is no shoulder, he or she should take the first exit off and pull into the closest area.
It is recommended that an individual always pulls into flat, level, well-lit areas. While the driver searches for a safe place to pull over, he or she must indicate in some way that they are slowing down. This could be done by using a turn signal.
During a traffic stop, it is critical that a person not exit their vehicle, unless an officer orders them to do so. Additionally, if an officer does order an individual out of their vehicle, it is safest to comply. An officer may request someone to exit his or her vehicle because they are conducting a further investigation based on the observations he or she made. However, the officer should not search a vehicle without consent or probable cause.
At a traffic stop, the law enforcement official usually asks questions about the person’s identification, where he or she is coming from or going to, as well as the activities he or she is engaged in. The officer may also ask if an individual was drinking, if he or she is on any medication, if he or she is suffering from any injuries, or if there is anything mechanically wrong with the vehicle. While the officer is not limited in what he or she may ask, there are some limits about how long he or she may detain a person before it becomes unlawful detention.
It should also be noted that there is no requirement that an individual answer any of an officer’s questions. If someone does not want to answer, he or she could politely decline.
In a standard traffic stop that does not lead to any further criminal conduct, the officer will request the insurance, license, and registration information from the driver. The officer will then run it through a computer or call it in to get the background check done. The officer is looking at whether the individual is on probation or parole, if he or she has any warrants, and any evidence that could warrant further investigation.
The officer also looks at the driver’s record to see if there is anything he or she should be aware of as they continue engaging with the driver, such as any prior DUIs. If there is a probation or parole hold, the officer will determine whether there is a search and seizure clause. If there is, the officer will have the driver get out of the vehicle and search the car subject to the search and seizure clause in the probation or parole terms.
When a person is pulled over for a traffic stop, he or she may ask the police officer why they were stopped and whether they are free to go or if they are being detained. Excessive conversations or answering questions from the officers is not encouraged. Additionally, individuals have the right to not consent to a search.
These and many other nuances are important to understand while being pulled over. If you know what to expect at a traffic stop in Oakland, you could better protect your rights. If an officer detained you for too long, unlawfully searched your vehicle, or requested your exit your vehicle for unlawful reasons, you could benefit from reaching out to an Oakland traffic attorney. Call today.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
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Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
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Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!