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Fighting for Your Rights in Court Is Better than Fighting for them at the Traffic Stop

Posted by John Campanella | Feb 22, 2018 | 0 Comments

Traffic stops can be incredibly stressful. Even if you know what you were doing wrong – whether you were speeding, or changed lanes without signaling – you can count on police using the traffic stop as an excuse to find something else to arrest you for, as well. Often, police officers turn mundane traffic stops into full fledged investigations for driving under the influence (DUI). If these traffic stops escalate, the outcome can get even worse.

Even if you know your rights during a traffic stop, it's also important to remember that the stop is not the best time to invoke them. Police officers are under a lot of stress, especially in today's world, and telling a cop that he's not doing his job right is a great way to escalate the situation and make things even worse.

Instead, the time and place to fight for your rights is in court.

Police Overreach is Common

When they are out in the field, police have one job: Find evidence of crime. They are only constrained by your civil rights as an American citizen. However, if a police officer does infringe on your rights during the course of their investigation, they rarely face serious repercussions.

As a result, police overreach in the field is common. After all, if they can ferret out more evidence of a crime and make themselves look better by violating your rights, and know that they will not be punished for doing so, why wouldn't they?

Challenging Police in the Field Makes a Bad Situation Worse

If you've been pulled over and you think that a police officer is overreaching and violating your rights, though, pushing back is rarely the answer. Police often see this response as disobeying their commands, which they can then spin into evidence of another crime, such as resisting arrest or interfering with a police investigation.

Court is Where to Invoke Your Rights

Invoking your rights in the courtroom, instead, is how to protect your interests. While it might be less satisfying than challenging an overreaching police officer during the heat of the moment, it is far more effective, and that is what matters. When your attorney invokes your rights in court, you can have evidence thrown away by the judge, and can even potentially pursue a civil rights case that can compensate you for your losses and force the police to take action against the officer who violated your rights.

Sacramento DUI-Defense Attorney John Campanella

Even traffic stops for evidence of a DUI crime can escalate into serious civil rights infractions. A skilled DUI-defense attorney can ensure that those rights are protected and that you do not get convicted for a crime based on evidence that was illegally obtained by police.

Call the Sacramento law office of John Campanella at (877) DUI-JOHN or contact him online for the legal defense that you need.

About the Author

John Campanella

I have been representing people accused of drunk driving since I began practicing in 1995. I am active member of the National College of DUI Defense, a member of California DUI Lawyers Association, I am certified by the National Highway and Traffic Association for the administration of Field Sobriety Tests. I regularly attend DUI continuing education of the Bar, have tried over 35 Jury Trials, hundreds of pretrial motions and over 1000 DMV hearings all relating to DUI cases.


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