Stopped for suspicion of DUI in Metro Nashville? Have your rights been protected?
When police suspect a driver of operating a vehicle while under the influence of alcohol, police must make sure they follow the law and their department’s policies when conducting traffic stops and making DUI arrests in Tennessee.
Traffic stops must be conducted lawfully and that arrests are being made without violating people’s civil rights. If certain procedures are not followed, there may not be enough evidence for prosecutors to pursue criminal charges against someone suspected or accused of driving drunk.
Nashville DUI Attorney David Ridings has hundreds of cases and he will ensure that in your case every right will be protected and your defense will be given the highest urgency. At Nashville Criminal Lawyers it is the foundation of ensuring that your rights are not violated that has made David Ridings one of the most sought after criminal defense attorneys in metro Nashville.
His experience on all sides of the criminal justice system from the police force to the prosecutor’s office to over fourteen years as defense attorney is unique and will help prepare you for a rigorous defense of your DUI case.
Sometimes it may not be apparent when an arresting officer has not conducted a lawful traffic stop or has not followed his or her department’s policies when it comes to arresting drivers for DUI. Fortunately, an aggressive and experienced Nashville DUI defense attorney such as David Ridings will know how to look for these mistakes when representing clients who have been arrested for driving under the influence (or DUI).
Don’t take a chance on less experienced Nashville DUI Attorney who only has his experience from a “book”. You need to rely on a Nashville DUI Lawyer who has worked throughout the criminal justice system and understands the process and also will fight to protect your rights. Rely on a Nashville DUI Lawyer that has real “street” experience as a police officer, experience with the district attorney’s office, and experience as a defense lawyer. That kind of experience is hard to find… but Nashville DUI Attorney David Ridings has it. So look no further than Ridings Law Group, P.C. for your Nashville DUI Defense.
Driving Under the Influence, Drunk Driving, Driving While Impaired, Driving While Intoxicated: Whatever you call it… it is a serious crime with serious consequences. DUI/DWI is a misdemeanor in most cases but it is one of the more serious misdemeanors. In some cases, depending on the number of previous convictions, it can be classified as a Felony. Also, where serious injury to people, minors in the car, or depending upon the amount of alcohol in your blood… there are other enhancements that can (or, in some cases, MUST) apply. Don’t trust your future with a less experienced Nashville DUI Lawyer. Get a Nashville DUI Lawyer that is a Member of the National College of DUI Defense (NCDD), and one who studies extensively on Defending DUI’s and cross-examining the police officer about the standardized field sobriety tests. You need Nashville DUI Attorney David Ridings.
Experienced DUI defense at your fingertips…
Before a police officer can pull someone over and/or conduct a traffic stop on a driver they believe is driving under the influence… the officer must have probable cause that a crime has or is being committed. Sometimes they witness a driver committing a traffic violation, or they have reason to believe a driver is driving under the influence. Officers are trained to observe certain “driving cues” to determine if someone is driving under the influence. There are 24 of these driving clues, according to the officer’s training. Those range from things including, but not limited to… weaving, running a red light or other traffic control, stopping abruptly, or driving too slow. But “speeding” is NOT one of the 24 driving cues, even though many DUI arrests start with an officer stopping the driver for speeding. Sometimes probable cause is called into question. It takes an experienced Nashville DUI Attorney like David Ridings to ascertain if your rights have been violated, and/or if the stop is “legal”.
Often during DUI stops the officers conducting the stop will not follow proper procedures. Even veteran officers can make mistakes, and they often do. You need aggressive defense from a Nashville DUI Attorney who has been on the streets and involved in DUI arrests as a police officer. Nashville DUI Attorney David Ridings knows very well that your rights must be protected and will work hard to ensure you get the proper and most thorough defense necessary to give you every chance at an acquittal.
Are DUI roadblocks and sobriety checkpoints legal in Tennessee?
In Tennessee, DUI roadblocks can be set up in order to try and catch and deter drunk drivers. However, under the Fourth Amendment, roadblocks or checkpoints come under very careful scrutiny. Nashville DUI Lawyer, David Ridings is an experienced criminal DUI defense attorney and has focused his skills on DUI cases over the years, such that he has developed extensive experience in that legal arena. Nashville DUI Attorney David Ridings will review your case to see if there is cause to file a Motion to Suppress Evidence (such as the blood test, the breath test, or even the entire stop). It is crucial to discover any mistake made by Tennessee law enforcement in the way the stop is conducted, evidence is gathered, and charges and arrests are made. Protecting your rights is extremely important when dealing with DUI charges and a proper defense can lead to the court granting the motion to suppress all evidence gathered as a result of a bad stop that lacked probable cause in your DUI arrest. If granted, it often results in a dismissal of all DUI charges.
The Fourth Amendment guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance which is a type of general search warrant. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer so duly sworn. Because of the burden of proof of constitutionality, these cases can be very time consuming for the prosecutor because the burden of proof is now on the prosecution. That involves testimony and proof from many sources and often, because of the motion to suppress being filed, charges are often dropped. Nashville DUI Attorney David Ridings has worked alongside of prosecutors at the Nashville Davidson County District Attorney’s Office prior to becoming a criminal defense attorney. He also worked for over a decade as a police officer for Metro Police Department, and for over fourteen years as an experienced defense attorney. He focuses the majority of this practice, now, as one of the most experienced DUI Lawyers in Nashville. He knows that a possible violation of your Fourth Amendment rights could result in acquittal or dismissal of your case. If proper procedures have not been followed, Nashville DUI Attorney David Ridings will find it. He works hard to protect the constitutional rights of all of his clients.
Are Field Sobriety Tests mandatory?
If a police officer suspects a driver is intoxicated after a traffic stop he can request that person to perform what is known as a field sobriety test. Many people ask if these Standardized Field Sobriety Tasks are mandatory. And the answer is “no”. They are not mandatory. In fact, Tennessee law does not require you to perform field sobriety tests when requested by an officer, and it is the ONLY DUI test where your “refusal” to take them does not have a “legal consequence”. In other words… there is no legal penalty for refusing a field sobriety test. But, the officer conducting the stop is under no obligation to advise you of your right to refuse the standardized field sobriety test’s (SFT’s). Therefore, unless you know your rights, you could make a mistake if stopped by an officer and asked to perform these tests.
A lot of people are unaware that in Tennessee these tests are completely voluntary and a driver is well within their rights to politely refuse to take a field sobriety test. Nashville DUI Attorney David Ridings understands that DUI sobriety testing is not an exact science and therefore due to its arbitrary nature is subject to the possibility of improper testing methodology and procedural mistakes on the part of the investigating officer. A good Nashville DUI Attorney, like David Ridings, will examine the details of the stop, the procedures performed, the methodology and instructions of the stop, and ensure that none of your rights have been violated, especially due to improper testing methods. From his experience as a police officer making hundreds of arrests, and many of those for DUI… as well as his work with the prosecutor’s office before opening his own Nashville Criminal Defense Firm, Nashville DUI Attorney David Ridings has the knowledge and experience to present the best possible defense for your DUI case, using real “street experience” that you can’t get from a book.